Reliance on government advice to preclude criminal enforcement actions under the Health Insurance Portability and Accountability Act
Article Abstract:
Congress in 1998 required the Health & Human Services (HHS) Secretary to issue advisory opinions on health insurers' compliance with the Medicare-Medicaid Anti-Fraud and Abuse Act, which forbids improper inducements. This requirement, contained in the Health Insurance Portability and Accountability Act, caused inducement issues to be decided on a case-by-case basis. Based on existing advisory opinion regimes and on due process considerations, favorable HHS advisory opinions most likely will preclude subsequent Justice Department prosecution.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1999
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"A complicated and indirect encroachment": Is the Federal Election Commission unconstitutionally composed?
Article Abstract:
The author argues that Congress' control over the Federal Election Commission is unconstitutional , as is the requirement for bipartisan representation on the Commission. Topics include Congress' efforts to control the appointment of FEC Commissioners and the lack of representation for minor parties.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 2000
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Obstacles to effective enforcement of the Federal Election Campaign Act
Article Abstract:
The authors discuss legal issues that have interfered with the meaningful enforcement of the Federal Election Campaign Act. Changes changes in the Federal Election Commission's enforcement and decision-making structures are suggested.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 2000
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