Ethical Lawyering in the Gray Areas: Health Care Fraud and Abuse

6 Pages Posted: 12 Apr 2007 Last revised: 28 Jul 2010

Joan H. Krause

University of North Carolina (UNC) at Chapel Hill - School of Law

Date Written: July 28, 2010

Abstract

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. While the importance of complying with these laws is clear, the application of the broad provisions to many real-life health care arrangements is not. This article argue that when exercising judgment in advising clients on these matters, the ethical health lawyer must balance the expansive language of the fraud prohibitions with detailed knowledge of relevant case law and other predictors of how the government is likely to apply them to the activities in question.

Keywords: health care fraud, legal ethics

Suggested Citation

Krause, Joan H., Ethical Lawyering in the Gray Areas: Health Care Fraud and Abuse (July 28, 2010). Journal of Law, Medicine and Ethics, Vol. 34, p. 121, 2006; University of Houston Law Center No. 2007-A-22. Available at SSRN: https://ssrn.com/abstract=979357

Joan H. Krause (Contact Author)

University of North Carolina (UNC) at Chapel Hill - School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States
919-962-4126 (Phone)
919-962-1277 (Fax)

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