Finanical Law and Regulation Questions
Financial Law and Regulation
Brandie Killgore
DeVry University
HSM 340
November 25, 2013
Professor Maribel Lebron
What are the five elements pertaining to the establishment of a false claim under the False Claims Act?
The five elements pertaining to the establishing a false claim under the False Claims Act must determine that the claim was falsely submitted and that it was submitted knowingly. The government must establish that the individual submits the claim with actual knowledge, in deliberate ignorance, or recklessly disregarding for the claim’s falsity or truth (Cleverley, p.90). The statute establishes the following elements which the prosecution must prove beyond a reasonable doubt to secure a conviction:
(1)A claim for property or money is made;
(2)The claim is against or to a department or agency of the United States;
(3)The claim was false, fictitious or fraudulent;
(4)The person must have known at the time that the claim was false, fictitious or fraudulent; and
(5)The false, fictitious or fraudulent claim was material.
HIPAA privacy stands are designed to accomplish what three broad objectives? Explain each.
The three broad objectives HIPAA privacy standards were designed to accomplish are; define and limit the circumstances in which individuals use and disclose patient health information, establish individual rights regarding patient health information, and require protected individuals to adopt administrative safeguards to protect the confidentiality and privacy of patient healthcare information (Cleverley, pg.95). The HIPAA Privacy Standards prohibit covered entities from using or disclosing individually identifiable health information that is or has been transmitted or maintained electronically. This requirement isn’t limited to the record in which the information appears but applies to the actual information itself. Any information that has been transmitted by email, fax, telephone, or any other
Brandie Killgore
DeVry University
HSM 340
November 25, 2013
Professor Maribel Lebron
What are the five elements pertaining to the establishment of a false claim under the False Claims Act?
The five elements pertaining to the establishing a false claim under the False Claims Act must determine that the claim was falsely submitted and that it was submitted knowingly. The government must establish that the individual submits the claim with actual knowledge, in deliberate ignorance, or recklessly disregarding for the claim’s falsity or truth (Cleverley, p.90). The statute establishes the following elements which the prosecution must prove beyond a reasonable doubt to secure a conviction:
(1)A claim for property or money is made;
(2)The claim is against or to a department or agency of the United States;
(3)The claim was false, fictitious or fraudulent;
(4)The person must have known at the time that the claim was false, fictitious or fraudulent; and
(5)The false, fictitious or fraudulent claim was material.
HIPAA privacy stands are designed to accomplish what three broad objectives? Explain each.
The three broad objectives HIPAA privacy standards were designed to accomplish are; define and limit the circumstances in which individuals use and disclose patient health information, establish individual rights regarding patient health information, and require protected individuals to adopt administrative safeguards to protect the confidentiality and privacy of patient healthcare information (Cleverley, pg.95). The HIPAA Privacy Standards prohibit covered entities from using or disclosing individually identifiable health information that is or has been transmitted or maintained electronically. This requirement isn’t limited to the record in which the information appears but applies to the actual information itself. Any information that has been transmitted by email, fax, telephone, or any other
References: Cleverley, W. O., Cleverley, J. O., & Song, P. H. (2011). Essentials of health care finance (7th ed.). Sudbury, Mass.: Jones & Bartlett Learning. Pgs. 90-95, 532.