Norman Tabler, Jr.

Norman Tabler, Jr.

Faegre Baker Daniels

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Latest Publications


Free Patient Parking May Trigger False Claims Act Violation

Who knew? When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act. It’s enough to make you sick....more

8/21/2015 - Anti-Kickback Statute False Claims Act Hospitals Parking Lots Physicians Stark Law Whistleblowers

Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the...more

8/13/2015 - Attorney's Fees False Claims Act Healthcare Hospitals Medicaid Medicare Settlement Stark Law TRICARE Whistleblowers

Court Adopts Tough Interpretation of 60-Day Repayment Rule

New York’s Mt. Sinai Hospitals can’t seem to catch a break in its long-running battle with whistleblower Bob Kane. First, the government joined the case and wanted not just the $1,000,000 in Medicaid overpayments, but an...more

8/5/2015 - False Claims Act Hospitals Medicaid Qui Tam Software Treble Damages Whistleblowers

When Is a Hospital Not a Hospital?

Rebecca was a nurse at North Cypress Medical Center, in Texas. Back in 2011 she was treated for an eating disorder at Timberline Knolls Residential Treatment Center, in Illinois. When she sought reimbursement under the...more

8/1/2015 - Appeals Health Insurance Hospitals Nurses Prior Authorization Reversal Summary Judgment

OIG Approves Lease of Employees to Psych Hospital

On July 28 the Office of Inspector General (OIG) of Health & Human Services gave its blessing to a health system’s lease of employees to a related psychiatric system. Under the arrangement the system would also provide...more

7/30/2015 - Anti-Kickback Statute Exemptive Relief HHS Leases Medicare OIG Psychiatric Hospitals Safe Harbors Temporary Employees

Beware of Nurses Bearing Gifts

Alisia and David blew the whistle on their former employer, Nurses’ Registry & Home Health, for sending gift baskets and ticket events to doctors who referred patients to the home health operation. Their qui tam suit alleged...more

7/22/2015 - Anti-Kickback Statute Client Referrals False Claims Act Gifts Home Health Care Nurses Physician Compensation Arrangements Physicians Qui Tam Stark Law Summary Judgment Whistleblowers

9th Circ. Relaxes Requirements for “Original Source” Whistleblowers

The False Claims Act makes it illegal to obtain government money through false claims. Under the Act a private party, known as a relator, may bring a civil suit on the government’s behalf against an entity that has allegedly...more

7/17/2015 - False Claims Act Medical Devices Public Disclosure Relators Whistleblowers

Brace Yourself for another Round of Death Panel Debate

Remember the notorious “death panel” debate of 2009? Congress was considering a proposal to pay doctors for end-of-life counseling. Former vice presidential candidate Sarah Palin led the attack on the proposal, claiming...more

7/11/2015 - American Medical Association CMS Medicare Physician Fee Schedule Physician Medicare Reimbursements

Hospital May Fire Employee Whose Religion Prevented Working in Abortion Unit

In 2012 Nikita Montgomery was hired to work in the Planned Parenthood department of a county hospital. In accepting the employment, she told the hiring manager that she had left her employment at another family planning...more

7/9/2015 - Abortion Dismissals Hiring & Firing Hospitals Motion to Dismiss Religious Accommodation Religious Discrimination Retaliation Title VII

Bill Would Extend CMPs to Federal Grants

The bill known as the “21st Century Cures,” H.R.6, would extend Civil Monetary Penalties (CMPs) to cover false claims and false statements relating to grants, contracts, and other agreements funded by the Department of Health...more

7/8/2015 - 21st Century Cures Initiative Civil Monetary Penalty Clinical Trials False Claims Act Federal Funding Health Care Providers Healthcare HHS Medicaid Medicare Pending Legislation TRICARE

Supreme Court Looks to Socrates' Trial to Rule in Favor of Whistleblowers

On May 26, 2015, the United States Supreme Court issued a decision favoring whistleblowers in False Claims Act cases, basing its decision in part on the status of the trial of Socrates. ...more

6/3/2015 - False Claims Act Federal Contractors First-to-File KBR (formerly Kellogg Brown & Root) Popular SCOTUS Whistleblowers Young Lawyers

Supreme Court Renders Good News-Bad News Whistleblower Decision

Yesterday’s U.S. Supreme Court decision is good news and bad news for both whistleblowers and government contractors, including health care providers–a win for whistleblowers on one important issue, for contractors on...more

5/28/2015 - False Claims Act Federal Contractors First-to-File KBR (formerly Kellogg Brown & Root) Qui Tam SCOTUS Statute of Limitations Wartime Suspension of Limitations Act Whistleblowers

Fraud So Complicated It Takes a Neurosurgeon

Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud. Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe...more

5/28/2015 - Criminal Prosecution Fraud Kickbacks Medical Devices Physician-Owned Distributors Physicians

Hospitals Rally to Defend 340B

A consortium of hospitals from across the country has delivered a letter to Congressional leaders, urging them to preserve the federal 340B program in its present form. Neither the content nor the timing of the letter was...more

5/22/2015 - 21st Century Cures Initiative Health Care Providers Healthcare Hospitals Legislative Committees Prescription Drugs Section 340B

Out of the Mouths of Babes: Millions of Medicaid Dollars

Last Monday the Office of Inspector General of Health & Human Services posted a hair-raising report. “Questionable Billing for Medicaid Pediatric Services in California” raises alarming questions about the billing practices...more

5/20/2015 - Dental Practice Healthcare Healthcare Fraud Medicaid OIG

Sen. Health Committee Chairman Blasts “Whimsical” Health Agency Guidance

Sen. Lamar Alexander, chairman of the Senate Health, Education & Labor Committee, has issued letters to the Department of Health & Human Services and a number of federal agencies, requesting information about their procedures...more

5/15/2015 - HHS Legislative Agendas New Guidance

House Bill Says 23 Years Isn’t Long Enough for Transition to ICD-10

All across the country hospitals have been bracing for the scheduled Oct. 1, 2015, transition from ICD-9 coding to ICD-10. It had been scheduled for Oct. 1, 2014, but the Protecting Access to Medicare Act of 2014 delayed it...more

5/14/2015 - Health Insurance Healthcare Hospitals ICD Codes ICD-10 Medicaid Medicare World Health Organization

Good Medicine Doesn’t Always Taste Good

One of the first healthcare lessons we learn as children is that good medicine doesn’t necessarily taste good. In fact, sometimes the best medicine tastes pretty bad....more

5/13/2015 - Healthcare Hospitals Rating System

4th Cir. Sides with Surgeon in Disability Policy Dispute

On May 5 the Fourth Circuit reversed a District Court decision upholding Lloyd’s of London’s rescission of a Maryland surgeon’s disability policies. Lloyd’s had rescinded the policies because the surgeon gave false answers...more

5/12/2015 - Appeals Disability Insurance Rescission

Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle. When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice? Even more puzzlingly, why would the plaintiff insist she was not the victim...more

5/12/2015 - Health Claims Healthcare Medical Malpractice Slip and Fall St. Luke's

New CMS Ruling on DSH Appeals for FY 2004 and Earlier

It’s a measure of the backlog in DSH (for Disproportionate Share Hospital) payment appeals that CMS is still issuing rulings for appeals applicable to treatment of patients before October 1, 2004. On April 24 CMS issued...more

4/30/2015 - Appeals CMS DSH Dual Eligibility Healthcare Hospitals Medicaid Medicare

OIG Issues Compliance Guidelines for Governing Boards

On April 20, 2015, the Office of Inspector General (OIG) of the Department of Health & Human Services issued new compliance guidance for governing boards of hospitals and other health care organizations....more

4/23/2015 - Board of Directors Chief Compliance Officers Corporate Governance Health Care Providers Healthcare Facilities Hospitals OIG

Whistleblower Pays Price for Frivolous Suit

On Wednesday of this week, the federal court for the Southern District of New York rejected Fox’s plea to spare it from the $169,000 bill submitted by the white shoe law firm that successfully defended Managed Health Care...more

4/17/2015 - Frivolous Lawsuits Whistleblowers

The Enemy of My Enemy Is My Friend

We don’t normally think of American Hospital Association and the Federation of American Hospitals as friends. After all, the AHA represents nonprofits, while the FAH represents for-profits. ...more

4/3/2015 - American Hospital Association Hospitals Non-Profit Hospitals Physician Hospital Organizations Physicians Stark Law

Medicaid Decision Makes Strange Bedfellows

The Idaho Medicaid program scored a victory in the United States Supreme Court today, and did it by persuading normally liberal Justice Breyer to enter the conservative tent reliably inhabited by Justices Scalia, Thomas,...more

4/1/2015 - Armstrong v Exceptional Child Center Health Care Providers Healthcare Medicaid Medicaid Act Preemption Private Right of Action SCOTUS Supremacy Clause

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