Welcome to the Health Law Section's webpage designed specifically for law students. We strive to make this page a useful and valuable resource to law students as they consider a career in health law. Please contact Simeon Carson at carsons@staff.abanet.org with any comments or suggestions.

Law Student Reviews:

“A Gathering Storm: The New False Claims Act Amendments and Their Impact On Healthcare Fraud Enforcement”
By Messrs. R. Rhoad, Esq. and M. Fornataro, Esq., Crowell & Moring LLP, Washington, DC

Summary by Leonard W. Thebarge, Jr., Saint Louis University School of Law, Class of 2010

Messrs. Rhoad and Fornataro’s storm metaphor appears to be apt given the drastic alteration of the regulatory landscape in which enforcement that invokes the False Claims Act (FCA) will take place. In the span of only nine months during 2008, the Civil Division of the Department of Justice oversaw sixty new, non-qui tam referrals and investigations in which HHS was the primary client agency. In the process, the Department of Justice obtained $150,808,253 in non-qui tam settlements and judgments. Perhaps the amending of the FCA in addition to this enforcement environment is what led the authors to alter their outlook from that of “A Brave New Word” to “A Gathering Storm.”

The authors elucidate three “storms” that will converge and result “in a perfect confluence that will bring dire consequences to the unwary.” The storms are: “the federal government’s current spending spree in federal healthcare programs”, the FCA as amended by FERA, and ignorance. After establishing the presence of these three “storms”, the authors proceed with a brief history of the FCA, its amendments, and the use of qui tam actions in FCA enforcement. The authors then address the use of the FCA in healthcare fraud, waste, and abuse enforcement. Read More

Would you like to get more involved as a student member? The Health Law Section is looking for student contributors for its monthly “Hot Topics” section of the website. Students will write a short summary or review of a selected article in the most recent issue of The Health Lawyer, to be published on the website. This is a great way to learn more about the practice of health law, hone your legal writing skills, and connect with the Section!

Contact Marisa Franchini or Jill C. Peña for more information

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The Departmental Appeals Board offers internships throughout the school year. Next available internships will be for 2010. If you are interested in applying, please visit http://www.hhs.gov/dab/intern.html.

Law Student Representative
Marisa Franchini
Loyola University Chicago School of Law

Jill C. Peña
Section Director
ABA Health Law Section
321 N Clark
Chicago, IL 60654-7598
Tel: 312/988-5548
Fax: 312/988-5814
jillpena@staff.abanet.org