Krause on Ethical Issues in Health Care Advising and Practice

Posted by Alan Childress

Joan Krause (U. Houston–Law) has posted to SSRN her article, “Ethical Lawyering in the Gray Areas: Health Care Fraud and Abuse.”  It is also in 34 Journal of Law, Medicine and Ethics 121 (2006).  Here is her abstract:

Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. While the importance of complying with these laws is clear, the application of the broad provisions to many real-life health care arrangements is not. This article argue that when exercising judgment in advising clients on these matters, the ethical health lawyer must balance the expansive langugage of the fraud prohibitions with detailed knowledge of relevant case law and other predictors of how the government is likely to apply them to the activities in question.