1000+ documents containing “claims”.
False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the U.S. Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of the recovery against the fraudulent person or business.
The responsibilities of the qui tam plaintiff do not end with the filing of the lawsuit. Such individual must not only notify the Justice Department of the filing but must agree to cooperate fully with the Justice Department in the litigation. The Justice Department has the option of stepping into the shoes of the qui tam plaintiff and….
competing claims of justice in any economic system almost inevitably revolve around questions of freedom and equality. The society must answer these questions: what constitutes a truly free system so that people can pursue their economic interests? And to what degree should equality of opportunities and outcomes be legislated?
awls' principle of the veil of ignorance is that in a just society, if you blindly selected any person, that person would be treated fairly, regardless of their inherited wealth or talents. Given the enormous advantage inherited wealth gives to people under capitalism, as well as the arbitrary prioritization of certain talents (professional basketball players make more money than nurses, for example), capitalism is unjust. Socialism would theoretically be more just, but that is only assuming that the state genuinely can objectively select the optimal manner to redistribute wealth through taxes and government controls.
Q3. Socialism suggests that everyone is entitled to….
The 4 most scandalous insider trading debacles. (2011). Investopedia.
Retrieved November 16, 2011 at http://www.investopedia.com/articles/stocks/09/insider-trading.asp#axzz1dsM9UNjd
Board independence. (2011). Investment & Finance Definition.
Retrieved November 16, 2011 at http://invest.yourdictionary.com/board-independence
Contract Claims and Dispute
In the case in which during the final commissioning process of a building there are a few minor defects noticed in the HVAC system during testing, there is a considerable amount of responsibility for the project manager. Specifically, he or she must record the results of the testing to provide as much detail as possible regarding the failure of the HVAC system. Additionally, he or she must also utilize these results to communicate the findings of the test to the client to which the building will be awarded. Thus, in communicating these findings to the client, the project manager must be extremely forthright about the exact nature of the failures -- where they are, why they occurred and, perhaps most eminently, what future processes can occur to correct them since defects in certain parts of a building can produce a negative impact on other parts of it….
Kubba, S. (2010) 'Green project commissioning'. In: Green construction project management and cost oversight. Oxford: Architectural Press, pp.410-437.
Whitticks, E. (2005) 'Workshop exercises'. In: Construction contracts: how to manage contracts and control disputes in a volatile industry. Houston: Gulf Publishing, pp.221-253.
There is a profoundly subjectivist component to Kant's system of moral analysis because Kant states that we can only know things as they appear to us, not as they are in an objective reality. We are limited by the extent of our sensory perception. But we all also have a moral duty to do what is good. Humans have a conscience or inclination towards morality that is innate, and which Kant believed transcended the subjective nature of human perception. This desire to be moral and to use our free will for 'the good' is not subjective but is hard-wired into the human mind and soul.
Kant reconciled his belief in human subjective knowledge and the absolute obligation human beings have to do 'good' in his belief that intent is the most important thing to keep in mind when evaluating a moral action. For example, let us say that a man saves….
There are several steps in the insurance claim process. Many patients have some form of health care insurance. Health insurance is, more or less, payment made by the patient to the insurance company to guard against ailments. The insurance company pays out for medical treatment. In many cases, the patient will have some sort of co-pay, which is when they must pay a deductible or otherwise some portion of the total cost, and the insurance company covering amounts over the copay.
Green & owell (2013, Chapter 4) notes that "the processing of an insurance claim is initiated when the patient contacts a healthcare provider's office and schedules an appointment." When the patient visits the office, he or she must fill out the CMS-1500 claim form, which is the common form for making an insurance claim in health care. This form will contain the information needed for the health care provider….
Some researchers have suggested that increased liability not only encourages physicians to practice defensive medicine, but also undermines many patients access to much needed medical services (Hyman & Silver, 2004).
Boulard (2002) cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The crisis results in closure of a 24-hour critical care center (Boulard, 2002). The crisis emphases the potential for not only reduced care but complete lack of access to care for hundreds of patients in similar situations. While legislatures are working on solutions to such problems, the issue is far from resolved. In some medical facilities, physician assistants and nurse practitioners are performing procedures doctor's once did, simply because the cost of medical malpractice is too high for doctors to perform….
Bhat, V.N. (2001). Medical malpractice: A comprehensive analysis." Westport, CT:
Boulard, G. (2002). "The doctor's big squeeze: Huge increases in medical malpractice insurance rates are driving doctors out of business. What is the answer?" State Legislatures, 28(10): 26.
Danzon, P.M. (1985). "Medical malpractice: Theory, evidence and public policy."
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to others. All individuals realize that they may be subject to a judgment against them in torts and so many buy third party insurance to protect them from bearing the full costs of those judgments. In some jurisdictions purchasing third party insurance is mandatory." (Coleman, 1)
Here, the determination of the reasonableness of a claim is given over to a legal process in which liability is determined. If it can be determined that the party holding the insurance policy is liable for loss or damage under such terms as provided by the law and said policy, it will be considered reasonable to compensate the plaintiff in due fashion, which is typically also shaped by the process of suit and settlement.
Ultimately, tort laws are….
What substantiation should the advertiser have to support these claims?
The advertiser should have to show that the product worked in a clinical trial over a long-term period, and individuals with the same diet and exercise habits and similar body composition who used the belt while exercising lost more weight over the long-term than those who did not wear the belt.
Are any of the representations made in the ad puffery?
Almost all of the language used in the ad constitutes 'puffery' but the most florid claims are these:
"The sauna pro-deluxe advance heat systems sweats away unwanted fat, eliminates cellulite, lose weight and ease muscle pain, all while in the comfort of your own home."
"Used by professional body massagers, models and athletes around the world to loose weight, relieve pain, and massage sore muscles
"No more breathing in hot, sweaty air. No more uncomfortable heated wooden benches. All of the targeted effect of a….
Linux Kernel Analysis
Much has been written in praise of the Linux (Crandall, Wu, Chong, 359),
(Parnas, 112), (Baliga, Iftode, Chen, 323), and its use of preemptive multitasking memory architectures to manage process control, file management, device management, information maintenance and communications subsystems securely and effectively. The Linux modular design, lack of reliance on emote Procedure Calls (PC), and use of UNIX-based system administration all are often cited as factors in how it is significantly more secure than Microsoft Windows for example. Linux relies on a dedicated memory partition architecture more comparable to Microsoft Windows than UNIX and also has a specific API calls for each of the subsystems as well. The combination of modularity and preemptive multitasking through dedicated memory structures is also an architectural argument that Linux supporters site when defending the inherent security of this operating system. In fact the KDE and GNOME components of the operating system are….
Baliga, A., L. Iftode, and X. Chen. "Automated containment of rootkits attacks. " Computers & Security 27.7/8 (2008): 323.
Bradley, S.. "Windows 7: Is It Right for You? " Journal of Accountancy 208.5 (2009): 32-37.
Grant Buckler. "New Macs and new viruses. " Computer Dealer News 24 Mar. 2006:
Jedidiah R. Crandall, S. Felix Wu, and Frederic T. Chong. "Minos: Architectural support for protecting control data. " ACM Transactions on Architecture and Code Optimization 3.4 (2006): 359.
The relationship between faith and the law is like that of Christ and humanity. Faith liberates us from the law. Paul goes so far as to say that before Christ, "we were held prisoners by the law, locked up until faith should be revealed," (Galatians 3:23). The law is an insufficient condition for either salvation or righteousness. Paul implies that faith has replaced works as the new law of Christ. In fact, Christ is the ultimate result of God's law. "The law was put into effect through angels by a mediator," (Galatians 3:19). If Christ is the law, then the only way to achieve righteousness is via faith in Christ. According to DeLashmutt (2010), "God gave the Law, not to be the means by which we earn God's acceptance, but to convince us of our need for faith in Christ by exposing our sin and guilt." The law underscores human….
Bible. New International Version. Retrieved May 25, 2010 from http://www.biblegateway.com/passage/?search=Galatians+3&version=NIV
DeLashmutt, G. (2010). "Galatians Teachings: Chapter 3." Xenos Christian Fellowship. Retrieved May 25, 2010 from http://www.xenos.org/teachings/nt/galatians/gary/gal3-2.htm
Matt1618 (1998). "Works of the Law and Galatians 3:10-14." Web site retrieved May 25, 2010 from http://matt1618.freeyellow.com/gal3.htm
Federal Tort Claims Act
Federal Tort Claims
The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual can sue the federal government for personal damages, like loss of money and property, physical injury or any other such situation caused by federal organization and its employees, while working within the limits of employment. The person can file claims against the government and the expenditure must be repaid to him if falls under the liabilities of FTCA. The FTCA is authorized for the recovery of any financial damage caused by some misunderstanding or mistreatment of the rules and regulations set by federal government, since the act falls under negligence and intolerable behavior which can highly cost the other person. According to this act, "The United States shall be liable, respecting the provisions of this title relating to tort claims, in….
Cecchine, G. (2004). Triage for civil support: Using military medical assets to respond to terrorist attacks. Santa Monica, CA: National Defense Research Institute and RAND Health.
Cohen, H and Burrows, V. (December 11, 2007). Federal Tort Claims Act. CRS Report for Congress. Retrieved on 24/7/2012 from:
Matthews, D.E. Federal Tort Claims Act - The proper scope of the discretionary function exception. The American University Law Review, Volume 6. Retrieved on 24/7/2012 from: www.wcl.american.edu/journal/lawrev/06/matthews.pdf
Federal Tort Claims Act
Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would necessarily have disagreements with the government and resorting to the court system to help resolve those disputes could have resulted in a tremendous waste of time and energy. However, the situation left people with no solution when they were harmed by a person acting for the government, even if the action had nothing or little to do with the government's sovereignty. For example, under strict sovereign immunity, a person is unable to recover harms for routine torts such as slip-and-falls. Perhaps even more worrisome was the fact that, under strict sovereign immunity, people were unable to recover for intentional harms and torts inflicted by the government or government agencies, even when those harms violated federal laws. The Federal Tort Claims Act….
Chang, A. (2010, March 27). High court rules U.S. government can be sued over actions of prison guards. Retrieved April 4, 2013 from the National Public Radio website: http://www.npr.org/blogs/thetwo-way/2013/03/27/175494286/high-court-rules-u-s-government-can-be-sued-over-actions-of-prison-guards
Federal Tort Claims Act, 28 U.S.C.S § 2680 (2006).
Fuller, D. (2011). Intentional torts and other exceptions to the Federal Tort Claims Act.
University of St. Thomas Law Journal, 8(3), 375-397.
False claims act contain 'qui tam' or whistleblower provisions. This work will discuss the pros and cons of being a whistleblower and to ask the question of if one were aware of the fraudulent issues in the healthcare organization why would they not report the issues?
In 1975, in the case (NLR vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 the U.S. Supreme Court established the rights of employees to have a union representative at an investigatory interview and this rights are known as Weingarten Rights. The investigation interview happens when a supervisor questions the employee for the purpose of obtaining information that could be used in a discipline or conduct complaint against the employee. In the event the employee believes that they result negative outcomes from what they have to say the employee under the Weingarten Rights has the right to request union representation at the hearing. Once the….
Angus, L. et al. (nd) Whistleblowing. Retrieved from: https://docs.google.com/viewer?a=v&q=cache:UzVAUjm7GjAJ:www.plu.edu/~angusla/doc/whistle-blowing.ppt+&hl=en&gl=us&pid=bl&srcid=ADGEEShYST4Xb6oG_a3UD-jv50V4j88RZHDBYmm6F-yw2_wNk-k6NTRjDTCevV0VJBMYfyceUsBxpQn-YYBjpufncx5aOkW6MvSWHsnmaY7wFUsmz08dwi0qZlzsWzwoH3PDbgOHNxsK&sig=AHIEtbRhs8O3kcJTCA0bp6F13b8l9zmv4A
Blowing the Whistle Requires Courage (1998) The Denver Business Journal. 12 Jul 1998. Retrieved from: http://www.bizjournals.com/denver/stories/1998/07/13/smallb8.html?page=all
Reporting a Colleague (nd) Safe Workers. Retrieved from: http://www.safeworkers.co.uk/reportingacolleague.html
Young, AS (2007) The Pros and Cons of Being a Whistleblower. Helium. Retrieved from: http://www.helium.com/items/400154-the-pros-and-cons-of-being-a-whistle-blower
Discount Scheme for Health Insurance
No Claim Discount (NCD) Schemes are Frequency-rating systems and are commonly used in insurance. NCD schemes represent an attempt to categorize policyholders into relatively homogeneous risk groups who pay premiums relative to their claims experience. Those who have made few claims in recent years are rewarded with discounts on their initial premium, and hence are enticed to stay with the company (Boland, 2006). Depending on the rules in the scheme, new policyholders may be required to pay the full premium initially and then will obtain discounts in the future as a result of claim free years. The general insurance actuary modeling an NCD scheme would frequently use Markov chain methods to investigate how premiums and movements take place over time.
No Claims Discount scheme is a form of frequency rating used in health insurance; the practice is to consider the number of years since the last….
Boland, P.J. (2006). Statistical Methods in General Insurance. Dublin: National University of Ireland.
Denuit, M., Marechal, X., Pitrebois, S., & Walhin, J.-F. (2007). Actuarial Modeling of Claim Counts: Risk Classification, Credibility and Bonus-Malus Systems. New York: John Wiley & Sons Limited.
MONETOS. (2012). No Claims Discount / NCD. Retrieved September 10, 2012, from www.monetos.co.uk: http://www.monetos.co.uk/insurance/car-insurance/cost/cutting/ncd/
Pinquet, J. (2012). Experience Rating in Non-Life Insurance. Paris: Universite Paris.
Some of the rather varied list of claims include mood alternative, as biofeedback tied in to relaxation, stress release, concentration and meditation."... "an alternative to synthetic drugs to feel good." "addresses the nervous system and the energy fields of the body. It soothes the body, cleans the body, clears the body, and tones the body."... The Complete Book of Essential Oils and Aromatherapy, by Valerie Ann Worwood, states that there are about 300 essential oils and that they constitute an extremely effective medical system. The web site of Beyond Aromatherapy has stated (allegedly quoting Hippocrates) "There is a remedy for every illness to be found in nature." Its online catalog includes descriptions of "ancient healing uses," astrological correspondence, and Chinese medicine characteristics of more than 80 essential oils. (Barrett MD, 2001, (http://www.quackwatch.com/01QuackeryelatedTopics/aroma.html)
Clearly the indication of these claims is not only far reaching but indicates their use as medicine. The….
Barrett, S. MD. (2001), "Aromatherapy: Making Dollars out of Scents." Retrieved September 10, 2007 at http://www.quackwatch.com/01QuackeryRelatedTopics/aroma.html
Russell, M.(ND). "Aromatherapy: A great Alternative Therapy." Retrieved September 10, 2007 at http://aromatherapy-guide-to.com/printview.aspx?articleid=350064
False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S.…Read Full Paper ❯
competing claims of justice in any economic system almost inevitably revolve around questions of freedom and equality. The society must answer these questions: what constitutes a truly free…Read Full Paper ❯
Business - Management
Contract Claims and Dispute In the case in which during the final commissioning process of a building there are a few minor defects noticed in the HVAC system during testing,…Read Full Paper ❯
Black Studies - Philosophy
There is a profoundly subjectivist component to Kant's system of moral analysis because Kant states that we can only know things as they appear to us, not as they…Read Full Paper ❯
Health - Nursing
Health Insurance There are several steps in the insurance claim process. Many patients have some form of health care insurance. Health insurance is, more or less, payment made by the…Read Full Paper ❯
Some researchers have suggested that increased liability not only encourages physicians to practice defensive medicine, but also undermines many patients access to much needed medical services (Hyman & Silver,…Read Full Paper ❯
Business - Law
So denotes the text by Coleman (2003), which indicates that "tort law establishes conditions under which victims can shift at least some of the costs they incur to…Read Full Paper ❯
What substantiation should the advertiser have to support these claims? The advertiser should have to show that the product worked in a clinical trial over a long-term period, and individuals…Read Full Paper ❯
Education - Computers
Linux Kernel Analysis Much has been written in praise of the Linux (Crandall, Wu, Chong, 359), (Parnas, 112), (Baliga, Iftode, Chen, 323), and its use of preemptive multitasking memory architectures to…Read Full Paper ❯
Mythology - Religion
The relationship between faith and the law is like that of Christ and humanity. Faith liberates us from the law. Paul goes so far as to say that before…Read Full Paper ❯
Business - Law
Federal Tort Claims Act Federal Tort Claims The Federal Tort Claims Act (FTCA) (P.L. 79-601, 60 Stat. 842) was enacted by U.S. Congress in August 1946, according to which any individual…Read Full Paper ❯
Business - Law
Federal Tort Claims Act Traditionally, the federal government was immune from lawsuits by its citizens under a doctrine known as sovereign immunity. Theoretically, this immunity was justified because people would…Read Full Paper ❯
False claims act contain 'qui tam' or whistleblower provisions. This work will discuss the pros and cons of being a whistleblower and to ask the question of if one…Read Full Paper ❯
Discount Scheme for Health Insurance No Claim Discount (NCD) Schemes are Frequency-rating systems and are commonly used in insurance. NCD schemes represent an attempt to categorize policyholders into relatively…Read Full Paper ❯
Some of the rather varied list of claims include mood alternative, as biofeedback tied in to relaxation, stress release, concentration and meditation."... "an alternative to synthetic drugs to…Read Full Paper ❯