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False Claims Act Basics – Known Overpayment Becomes False Claim

Posted on November 7, 2016 by

The Federal False Claims Act (“FCA”) provides a very strong enforcement tool to the federal government.  The FCA also provides the opportunity for whistleblowers to bring “qui tam” cases and collect a portion of the recovery where false claims are proved against the federal government. FCA recovery was originally intended to provide a remedy against […]

Provider Self-Disclosure Decisions – Voluntary Disclosure Process

Posted on November 7, 2016 by

The decision whether or not to voluntarily disclose non-compliance to the government can be very difficult.  Not every case is clear. Clearly not every situation where there has been a billing error amounts to fraud or wrongdoing requiring use of the self-disclosure protocol.  Many overpayments that are identified through audit can be dealt with at […]

When Does An Overpayment Become Fraud? How Simple Inattention Can Expose You to Penalties for Fraudulent Activities

Posted on November 7, 2016 by

If you are involved in any way in the health care system, it should be obvious by now that the government has committed ever increasing resources to the prosecution of fraud and abuse cases. Simply put, from a governmental standpoint, prosecuting fraud and abuse is good business. Every dollar the government puts into pursuing health […]

Worker’s Compensation: Opt Out in Wisconsin?

Posted on November 4, 2016 by

In 2014 Oklahoma enacted a radical change to its workers’ compensation statute, and on September 13, 2016, the Oklahoma Supreme Court held that it violates the state constitution. The case is Dillard’s, Inc. v. Vasquez, 2016 OK 89. Some version of the Oklahoma legislative plan might be considered by the Wisconsin Legislature. This article explores […]

Recent Disability Discrimination Cases Outline Employer Responsibilities

Posted on November 3, 2016 by

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation.  These decisions offer reminders for employers of the importance of recognizing potential disability claims and addressing them promptly. In the first decision, the Eighth Circuit Court of Appeals concluded that an employee […]

Same Loan Application, Only Different

Posted on November 2, 2016 by

Last month the Bureau of Consumer Financial Protection (CFPB) quietly approved a revised and redesigned Uniform Residential Loan Application (URLA) for 2017 to allow for the collection of more information about the ethnicity and race of loan applicants. With some exceptions, Regulation B § 1002.5(b) generally prohibits a creditor from inquiring about the race, color, […]

Will FinTech Replace Bank Branches?

Posted on November 2, 2016 by

The automated teller machine revolutionized banking by allowing a depositor to withdrawal money anytime, anyplace without the need of a single bank employee.  FinTech and the increased depositor adoption of banking mobile apps may do the same thing to entire bank branches. A recent survey by the American Bankers Association (ABA) has found that more […]

Congress Actually Agrees on Something: Bitcoin

Posted on November 2, 2016 by

Shortly before Congress recessed for the November election, the House of Representatives overwhelmingly passed Rep. Adam Kinzinger’s (R-IL) resolution urging the United States to “adopt a national policy for technology to promote consumers’ access to financial tools and online commerce to promote economic growth and consumer empowerment.” The Resolution (H.Res. 835), without specifically referencing it […]

Wisconsin is Well Banked

Posted on November 2, 2016 by

On October 20, 2016, the FDIC released a report on the use of the traditional banking system in the United States.  According to the report, in 2015, less than 4 percent of Wisconsin households were “unbanked” while nationally the average fell to 7 percent, the lowest percentage on record. An “unbanked” household is one that […]

Lien Avoidance

Posted on November 2, 2016 by

Have you made a business or agricultural loan to an individual in Wisconsin?  Have you secured that loan with a non-purchase money, non-possessory lien on personal property that the debtor uses in his business?  If you answered “yes” to both questions, then you should be aware (or at least reminded) that your debtor can avoid […]