Articles and Books

Ron is a frequent contributor to professional journals. He has written extensively on the topics of the False Claims Act, qui tam litigation, government investigations and compliance issues. Some of this published writings appear below:

Blog Articles

• The New IRS Whistleblower Program

• Iqbal and Qui Tam Relators

• Rebirth of the CID

• The New UB-04 Form Enhances Potential FCA Liability

• The 10% Solution: Reducing Relator Recoveries

• New National Kyphoplasty Enforcement Initiative (February 6, 2009)

False Claims Act ("FCA") and Qui Tam Articles:

• "Recovering Attorney Fees and Expenses from Unsuccessful Relators in Qui Tam Cases Pursuant to Section 3730(D)(4) of the False Claims Act"
  

• "The California False Claims Act: Deficit Reduction Act Model?"
  

• "Rockwell: Another Perspective"
  

• "The FCA’s Stringent Collateral Estoppel Provision"
  

• "Prospective Certifications and the False Claims Act"
  

• "Hospital Cost Report Certifications and the False Claims Act"
  

• Can Primary Jurisdiction Be Asserted In False Claims Act/Qui Tam Actions?" Metropolitan Corporate Counsel, February 2006, page 12.
  

• "Asserting Counterclaims And Third Party Claims In False Claims Act Litigation"
  

• "Proving Original Source Status: The Forgotten Half," Metropolitan Corporate Counsel, December 2005, page 9
  

• "The Second Bite: Awarding Attorney's Fees, Costs and Expenses to Qui Tam Relators"
  

• "HHS Expanded Use of Fraud Law's 'Corporate Death Sentence' is Legally Suspect"
  

• "The Government Knowledge Defense in False Claims Act Cases"
  

• "Judge's Decision Reflects Skepticism That Violations of the Anti-Kickback Act Constitute Infractions of the False Claims Act"
  

• "Defending False Claims Act/Qui Tam Actions: Failure to Comply with Administrative Regulations and Statutes Standing Alone Cannot Constitute a Valid Cause of Action Against a Health Care Provider Under the Act"
  

• "Defending False Claims Act/Qui Tam Actions: Disputed Legal Interpretations Cannot Serve as the Basis for Liability Under the Act"
  

• "Defending False Claims Act/Qui Tam Actions: The Motion To Unseal The Record"
  

• "Defending False Claims Act/Qui Tam Actions: Properly Applying the FCA’S Statute of Limitations Provision, 31 U.S.C. § 3731(b)"
  

• "Defending False Claims Act/Qui Tam Actions: Neither Scientific Disagreements Nor Mistakes Can Serve as the Basis for a FCA Violation"
  

• "Civil Investigative Demands"
  

• "Frequently Asked Questions About the Federal False-Claims Act ("FCA"), 31 U.S.C. 3729-33, as Amended"
  

• "Retaliatory Discrimination Actions Under the Whistleblower Protection Provision of the Federal False Claims Act, 31 U.S.C. § 3730(H)"
  

• "A Brief Primer on Pertinent Federal Criminal Statutes Related to Health Care Fraud"
  

• "A Brief Introduction to The Federal Civil False Claims Act"
  

• "Some Strategies for Defending Health Care Qui Tam Cases"
  
  Compliance Articles
  

• "What is a Healthcare Fraud Compliance Program and How Can a Provider Design and Implement One?"
  

• "Compliance Programs for Drug Companies: Take Them Seriously," Business Crimes Bulletin: Compliance & Litigation. Vol. 2, No. 5 (June 1995) 5-7
  

• "Compliance Plans: A Drug Company's First Line of Defense Against Health Care Fraud Prosecutions," with Kendra L. Dimond, 13 New York State Bar Journal Food, Drug, Cosmetic and Medical Device Law Digest 65-79 (May, 1996).
  

• "Inspector General Advisory Opinions: Know the Pitfalls," with Darren T. Binder, Focus on Home Health, Vol. 1, No. 10, (August 1997) 1-2
  

• "Plan of Action for Compliance," Advance for Administrators in Radiology & Radiation Oncology, Vol. 9, No. 5 (May, 1999)
  

• "US District Court Holds that the Federal Government Must Exhaust Administrative Remedies Pursuant to 42 U.S.C. '405(h) Before It Can Sue Medicare Providers Under Common Law Causes of Action," Metropolitan Corporate Counsel, Vol. 12, No. 6 at 5 (June, 2004)
  

• "Proposed Sentencing Guidelines Impose New Standards For Compliance and Ethics Programs" (with Connie A. Raffa), Metropolitan Corporate Counsel, Vol. 12 No. 7 at 4 (July, 2004)

Books

• Chapter 7, “The False Claims Act: Strategic Considerations for Government Contract Negotiations,” in GOVERNMENT CONTRACTS SETTLEMENTS AND NEGOTIATIONS (Aspatore, 2008)
  

• BNA's Health Care Fraud and Abuse: Enforcement and Compliance (co-author)
  

• Chapter 8 in Home Health Care Law Manual, "Fraud and Abuse Issues for the Home Health Provider" (Aspen Publishers)
  

• "The Modern Age of Compliance," No. 20 in DOCUMENTATION, CODING & BILLING: A PRACTICAL GUIDE FOR PHYSICIANS AND ASCs (ASIPP Publishers, 2002).
  

• "Legal Audits for Compliance Programs," No. 21 in DOCUMENTATION, CODING & BILLING

Sample Reports

• Report #1
  

• Report #2
  

• Report #3
  

• Report #4