Chapter 12. Antitrust and Related Laws

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Chapter 12. Antitrust and Related Laws"

Transcription

1 Chapter 12 Antitrust and Related Laws People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public. - Adam Smith, An Inquiry Into the Nature and Causes of the Wealth of Nations A. ANTITRUST AND MONOPOLIES INTRODUCTION Today it is becoming increasingly important for licensees to understand federal and state antitrust laws for several reasons. In urban areas large real estate firms with offices in various states compete strongly with the individual entrepreneur. Many small firms join national franchises to obtain benefits such as national advertising and interstate relocation services. Real estate firms in both small and large cities share listings through multiple listing services. Real estate firms join national relocation services to gain the business of interstate transferees. Financing real estate purchases and insuring real property involves activities that more often than not cross state lines. Many of these modern practices with interstate impact have brought the practice of real estate within the jurisdiction of federal laws. Licensees experience some of those laws on a daily basis. For example, standards established under the federal law known as the Real Estate Settlement Procedures Act regulate almost every residential real estate closing. Perhaps less obvious in everyday practice but clearly among the most important of these laws are the federal antitrust laws that seek to prevent unfair competition. WHAT DOES ANTITRUST MEAN? Antitrust refers to prohibiting or regulating those activities that endanger business competition. Both state and federal laws prohibit persons from agreeing to restrain trade in an open competitive marketplace. In other words, antitrust laws are those statutes and judicial decisions restricting the growth and practices of monopolies. A monopoly exists when any entity, alone or in combination with others, seeks to restrict commerce to the detriment of the public. No express agreement is necessary between the parties, nor is actual intent to conspire required. PURE MONOPOLY AND PUBLIC UTILITY A pure monopoly is a product market situation in which there is only one seller of the product. This seller has absolute control over the price and sales volume in that market. The consumers must accept the monopoly price and the amount of output the monopolist chooses to offer for sale. It is not in the public's best interest for a government to allow the existence of pure monopolies because the monopolist fixes prices and restrains trade by eliminating competition. However, the federal and state governments do create market monopolies for certain products and services when the government judges this action to be in the best interest of the public. The government bases its action on the efficient and cost effective provision of the product. For Example, it would be cost prohibitive to have

2 competing water and sewage treatment companies put in the duplicate infrastructure under every street in the community. The same rationale exists for electric power, telephone, and natural gas companies. In the past, TV cable companies and solid waste collection companies were given this exclusive monopoly privilege. The government regulates these publicly sanctioned monopolies by creating some form of public service commission. These publicly sanctioned monopolies are public utilities such as the Georgia Power Company. ILLEGAL COMBINATIONS AND COLLUSION Besides the monopoly situation, a market can be dominated by a few very large, powerful firms, or the market may have only a few sellers who can control price and output in the same fashion as a monopolist. In either of these two situations, the government monitors the market activity to find evidence of price fixing or any form of restraint of trade. Participants need not enter into an actual agreement nor intend to work in combination for a monopoly to exist. Monopolies do not require overt acts. Any discouraging or eliminating of competition creates a presumption that the intent to monopolize exists. Illegal combination is another term for groups or individuals operating together to restrict trade or commerce. B. FEDERAL ANTITRUST RESTRICTION ON REAL ESTATE THE SHERMAN ANTITRUST ACT The Sherman Antitrust Act (http://www.infoplease.com/ce6/history/a html)is the primary antitrust statute that affects the real estate industry. The Sherman Act provides that all contracts, combinations, or conspiracies in restraint of trade or commerce among the states or with foreign nations are illegal. The Act further provides that any person engaged in such illegal activity commits a felony and if convicted, is subject to a fine of up to one hundred thousand dollars, $100,000.00, (up to one million dollars, $1,000,000.00, if a corporation), or by imprisonment up to three years, or both. The Sherman Antitrust Act applies to the practice of real estate when it involves interstate commerce or activities that involve trade or commerce that crosses state lines. Real estate involvement in interstate commerce occurs through the movement of persons from one state to another as a result of the sale of real property, interstate arrangements for insurance and financing, advertising across state borders, and the national exchange of referrals among brokers. The four main categories in which brokers and their agents have become the targets of federal antitrust actions under the Sherman Act are: (a) (b) (c) (d) criminal prosecutions on allegations of price-fixing; private suits for damages brought by brokers excluded from membership in local multiple listing services; civil suits and injunctive relief sought by groups of private individuals against brokers and sales associates based on allegations of price-fixing; and civil suits for damages and injunctive relief initiated by the federal government.

3 FEDERAL ANTITRUST LAWS AND REAL ESTATE PRACTICE The United States Supreme Court has held that the Sherman Antitrust Act applies to the practice of real estate since real estate practice affects interstate commerce. In McLain v. Real Estate Board of New Orleans, Inc., the Court held that real estate activities have a significant effect on interstate commerce. In the McLain case, the plaintiffs (buyers and sellers of real estate) claimed that certain real estate brokers and their trade associations conspired to fix the price of residential real estate by suppressing market information, by fee-splitting, and by the systematic use of fixed commission rates. The court rejected the brokers' claims that real estate brokerage is local in nature and therefore not in interstate commerce. The requisite "Interstate" requirement is met if the activities, while wholly local in nature, "affect interstate commerce." Under the scope of the Sherman Antitrust Act, the following activities of the real estate industry affect interstate commerce: (a) the interstate movement of persons from one state to another resulting from the sale of real property, (b) insurance arrangements involving interstate firms or the transfer of insurance funds across state lines, (c) financing that involves interstate banking institutions or the transfer of mortgage money across state lines, (d) the interstate circulation of advertising, referrals, or other forms of information, (e) large real estate firms with offices in various states competing with individual entrepreneurs, and (f) small firms joining national franchises to obtain benefits such as national advertising and interstate relocation services. The Sherman Act defines the practice of real estate as a trade because it is commercial and carried on for profit. This designation as a trade makes real estate practitioners subject to antitrust law restrictions. The U.S. Supreme Court has rejected attempts by real estate brokers to claim an exemption from the Sherman Act on the basis that real estate brokerage services involve personal services rather than commodities. The court also rejected the claim that real estate brokerage is a "profession" and not a "trade" and therefore exempt. The professional exemption has also largely disappeared, due to U.S. Supreme Court cases holding that the professions of law and engineering are not exempt from antitrust laws. ACTIVITIES THAT VIOLATE ANTITRUST LAWS (a) PRICE FIXING - Agreements among competing brokers to set commissions at fixed levels violate the law. This prohibition is not limited to agreements on a specific fee or commission. The prohibition also extends to all agreements that result in "raising, depressing, fixing, pegging or stabilizing prices." The U.S. Supreme Court has clearly stated that the act of two or more brokers adhering to minimum fee schedules or other price restrictions is price fixing, even if it is done to adhere to a professional "code of ethics."

4 (b) (c) GROUP BOYCOTT - A group boycott is also known as a concerted refusal to deal. Generally, it is an agreement among competitors to drive a rival out of business by denying the rival access to a supply or a source of customers. The rival is often a price discounter, and the conspiracy is usually motivated by a desire to keep prices at a high level. In the real estate brokerage field, many cases involve the restrictive practices of multiple listing services and local real estate boards. A federal court looked at restrictions for membership in one multiple listing service and found that the membership rules were so restrictive that many firms were denied access to the multiple listings. The court stressed two major factors: (1) that the market power of this multiple listing service was significant enough that buyers and sellers would be harmed by the unjustified exclusion of many firms; and (2) that the restrictive rules for membership exceeded the needs of the organization. This case does not mean that restrictive rules for multiple listing service membership are always anti-competitive. The courts must find sufficient evidence of a classic group boycott. At the same time individual brokers can form a group boycott, apart from MLS membership. In Park V. El Paso Board of Realtors the court found brokers liable for attempting to drive another broker out of business by disparaging him and refusing to treat his listings on a par with other brokers. TYING ARRANGEMENTS - A tying arrangement is the conditioning of the sale or purchase of one product or service to the sale or purchase of another product or service. In real estate brokerage, the most common form of tying is the "list back" agreement. For example, a real estate broker who is servicing a builder interested in a particular tract of land may extract an agreement from the builder to list the completed homes with that broker. A tying arrangement violates the Sherman Act when the court finds that: (1) there are two separate products - the tying product and the tied product; (2) the seller has sufficient economic power in the market with the tying product to appreciably restrain trade in the market for the tied product; and (3) a substantial amount of commerce is affected. FINES AND PENALTIES FOR CONVICTION UNDER THE SHERMAN ACT Licensees who, knowingly or unknowingly, violate antitrust laws face harsh consequences and penalties. Penalties for individuals may be fines of up to $100,000.00, imprisonment for up to 3 years, or both. Corporate fines may reach $1,000, Moreover, a private civil antitrust suit can result in a damage award equal to three times the actual damages caused by the illegal conduct, plus attorney fees and costs. EXAMPLES OF ANTITRUST VIOLATIONS

5 The Courts have applied the Sherman Act to individual brokers, agents, and companies; to real estate associations and boards; and to multiple listing services. The following specific activities are illegal: (a) (b) (c) (d) (e) (f) fixing real estate commission rates; price fixing of real property; unreasonable refusals by real estate boards to accept new members; unreasonable restriction on the availability of multiple listing services membership; multiple listing prohibitions against membership in more than one multiple listing service; and multiple listing service prohibitions against members distributing information on nonexclusive listings. Licensees try to avoid accusations of antitrust violations by being particularly careful to avoid even the appearance of fixing commission rates. A broker may follow his or her policy of not negotiating commission rates with clients as long as the broker sets the firm's rates independently based on actual costs of providing a service and as long as consumers understand that other companies and licensees may have different policies and rates. A licensee must never describe his or her firm's commission rate as the "standard" or "prevailing" rate of commission. SPECIFIC ACTIVITIES THAT VIOLATE THE ANTITRUST LAWS No firm or group of licensees is immune from accusations of antitrust violations. Several cases provide vivid demonstrations of this lack of immunity in Georgia. (a) Several large and small real estate firms in metropolitan Atlanta faced charges for violations of antitrust laws. Although there was never an actual trial of the issues involved, the court subjected some of the defendants in the case to heavy fines. (b) The federal government settled a suit against a real estate board in part by requiring that the board cease printing "suggested" or "standard" commission rates on the board's approved contracts. (c) Two multiple listing services faced lawsuits over their exclusionary membership practices and had to change their practices significantly. C. GEORGIA LAWS STATE LAWS RESTRICTING REAL ESTATE ANTITRUST ACTIVITIES Many states have enacted laws patterned after the Sherman Antitrust Statutes in an attempt to control more effectively monopolistic activities within their borders. Georgia has not enacted such a law. Federal Law serves as the basis for most prosecutions of trade restrictions in Georgia. Nevertheless, Georgia has enacted laws that provide alternate methods for dealing with antitrust activities

6 occurring within the State. The following three areas provide the principal means for internal state enforcement: (a) general business statutes; (b) statutes dealing with fraud and misrepresentation; and (c) the statute empowering the Georgia Real Estate Commission. Remember that the same legal restrictions that apply to any business professional also apply to the real estate professional in Georgia. Of particular interest to licensees who seek to avoid antitrust violations are two Georgia statutes known as the Fair Business Practices Act (the FBPA) and the Uniform Deceptive Trade Practices Act (the UDTPA). THE FAIR BUSINESS PRACTICES ACT (FBPA) The FBPA confers upon the Governor, through the Office of Consumer Affairs, the power to prohibit business transactions that would result in substantial actual damage to the citizens of Georgia. The Act regulates advertising and restricts activities that encourage consumer transactions. Any licensee who intentionally uses fraudulent or misleading information in an effort to encourage the sale of real property could violate the Act. Misleading information may appear in a simple statement that a licensee makes to a prospect or to a client, or it may appear in a public advertisement. Public methods of advertising include newspapers, printed notices, flyers, brochures, radio or television broadcasts, or any other marketing vehicle available to the public. The misleading advertisement, to be a violation of the Act, must have an effect on more than just one consumer. Instead, the advertisement must be likely to have an impact upon the consumer public as a whole. For example, if a licensee represents to a prospective purchaser that a property has public sewer when in fact it does not, the licensee has not violated the FBPA. The licensee may have committed fraud, but the injury is to one individual and not the public as a whole. The purchaser may file a civil suit for fraud or other tort, and the Commission may sanction the licensee. On the other hand, if the licensee advertises in the newspaper that ten lots in a subdivision have sewer when she knows they have septic tanks, she has violated both the FBPA and the License Law. APPLICATION OF THE FBPA TO ANTITRUST IN REAL ESTATE Licensees violate the FBPA when, in order to encourage consumer transactions, they falsely represent aspects of their business practice in a manner that does or could impact on the general public. For example, a salesperson violates the FBPA when he or she continually tells prospective clients that the commission rate that his or her broker charges is a "standard" or "prevailing" rate charged by all brokers in the area. The salesperson has provided false information regularly to the consumer public in an effort to encourage consumer transactions. If a broker, in order to attract new clients, advertises that his or her firm is the only one licensed to sell homes in a particular part of the city, then that broker has most likely violated the FBPA. The broker has published false or misleading information in order to encourage consumer transactions in a manner likely to affect the consumer public as a whole.

7 PENALTIES UNDER THE FBPA The State has not used the FBPA to date as a significant control over antitrust real estate activity. However, the State has become more aware of the FBPA and will likely use it more extensively in the future. The permitted penalties under the FBPA may be the reason for its potential rise in popularity. Upon conviction, an individual could incur a fine of as much as $25,000 per violation and a prohibition from engaging in similar activities. Further, the FBPA gives citizens the right to bring their own civil actions against violators. If a private citizen suffers injury because he or she purchases property through fraudulent or misleading representations that a licensee makes in a manner likely to harm other consumers, then that citizen can sue the licensee directly. If successful, the injured citizen can nullify all contracts and collect up to three times the amount of his or her loss, plus attorney fees and court costs. THE UNIFORM DECEPTIVE TRADE PRACTICES ACT (UDTPA) The UDTPA provides another mechanism for controlling antitrust activities that occur solely within state boundaries. Essentially, the UDTPA is very much like the FBPA. The UDTPA serves as a mechanism to provide penalties for individuals who fraudulently misrepresent aspects of the service they provide to their clients. The major difference between the FBPA and the UDTPA is that under the UDTPA no actual consumer transaction has to take place for a violation to occur. Therefore, the UDTPA potentially has a much broader application than the FBPA. If three brokerage firms conspire to fix commission rates and then advertise their "competitive rates" in the newspaper, they have violated the UDTPA. The fact that the advertisement contains misleading statements is alone sufficient to prove a violation of the Act. No sale needs to take place and no proof of consumer reliance on the advertisement must exist for a violation of the UDTPA to have occurred. APPLICATION OF THE UDTPA TO ANTITRUST IN REAL ESTATE Clearly, a licensee who conspires to fix commission rates or to divide geographical territory could find himself or herself subject to a law suit. A damaged individual could sue, or one brokerage firm could sue another firm under the UDTPA. For example, if the members of a multiple listing service conspire to exclude new firms and small firms from the service, this act is violation of the UDTPA. The express purpose of the arrangement is to discourage and limit competition. Under the UDTPA the excluded firm could bring suit against the members of the listing service and recover for any damages. Note that the excluded firms are business entities and have not engaged in a consumer transaction. Yet, they may recover damages for a trade restriction that has caused them harm. No such right exists under the FBPA since the excluded firm is not a member of the public induced to engage in a consumer transaction. PENALTIES UNDER THE UDTPA Penalties under the UDTPA are similar to those provided by the FBPA. If the state prosecutes under this Act, it can obtain an injunction and impose fines. Anyone bringing a civil action against a wrongdoer can recover three times the amount of his or her loss, plus attorney fees and court costs.

8 EFFECT OF THESE GENERAL BUSINESS STATUTES The State, as well as individuals, are likely to increase their use of the FBPA and the UDTPA to control illegal restraints on trade in real estate. The increased use of these statutes will likely result from two factors. First, more sophisticated homebuyers are becoming more aware of their rights. As a result, both homebuyers and the State are becoming more familiar with the FBPA and the UDTPA. Second, an individual using these statutes has the legal means to obtain significant dollar compensation for damages that the individual feels he or she has incurred due to a licensee's fraudulent or misleading dealings. GEORGIA LAWS PROHIBITING FRAUD AND MISREPRESENTATION By definition, fraud in Georgia consists of any kind of artifice intended to deceive another. The artifice can be an "act" or "a failure to act" on the part of the one who is justifiably in a position of trust or confidence. The nature of the relationship of a real estate licensee to a client automatically creates the duty of loyalty, and the relationship to a customer creates a duty of honesty and good faith. Breach of either duty can result in the nullification of a contract, the forfeiture of any commission or other fee owed to the licensee, a civil suit for damages, and the sanction of the real estate license by the Commission. An injured party, to establish fraud in Georgia, generally must prove that he or she had reason to rely on the accused. However, the relationship between a licensee and his or her client is a "confidential" one that is sufficient to establish a position of trust that the fraud laws require. For example, if a listing broker withholds from the seller any important information concerning a prospective purchaser's offer, that omission can result in the failure of a contract on the property. The agent has committed legal fraud. FRAUD LAWS AS APPLIED TO ANTITRUST IN REAL ESTATE Many of the activities prohibited by State and Federal antitrust laws are also fraudulent activities. Since Georgia lacks specific antitrust laws, a licensee is more likely to face an action for fraud than an action for antitrust. For example, if a broker tells a prospective seller that all firms in the area have the same commission rate and that the rate is nonnegotiable, the broker has misrepresented the negotiability of commission rates. The broker will most likely suffer loss through operation of the Georgia fraud laws, even though telling the sellers that commission rates were fixed is the type of activity addressed by the antitrust laws. In this example, the broker has fraudulently induced the seller into entering a contract. The seller can nullify the listing contract and collect damages from the broker. The broker will also forfeit his commission and most likely face disciplinary action by the Georgia Real Estate Commission. Note that the broker commits the violation by misrepresenting the general negotiability of commission rates. The broker can say that his firm does not negotiate its rates if, in fact, it does not. D. THE GEORGIA REAL ESTATE COMMISSION THE ROLE OF THE COMMISSION

9 It has not been the primary responsibility or practice of the Real Estate Commission to prevent illegal combinations and conspiracies. The Commission does have power to control unfair trade practices, as well as an obligation to regulate Georgia licensees. The license law, [O.C.G.A b(2)] for example, gives the Commission the authority to prevent the use of intentionally misleading advertisements of real property and the "terms, values, policies or services of the business conducted." The Commission has the power to intervene in licensees' advertising that attempts to publicize rates, combinations, or services restricting trade. The Commission may penalize any licensee, approved instructor, or school found guilty of a violation of the license law or rules and regulations promulgated by the Commission, or of any unfair trade practice. Among the items listed as "unfair trade practices" are prohibitions against substantial misrepresentations and dishonest dealing with consumers. Under the State licensing law, the Commission may reprimand or fine a licensee, or revoke, or suspend the license of any licensee found violating the license law. However, the Real Estate Commission regulates only under the license law. It does not enforce the Fair Business Practices Act or the Uniform Deceptive Trade Practices Act. Although it can impose sanctions on licensees found guilty of violating criminal provisions of other antitrust statutes. (See LICENSE LAW ). The Commission may also take action against antitrust activities that violate the unfair trade practices provisions of the License Law. (See LICENSE LAW ).

UNDERSTANDING ANTITRUST LAWS

UNDERSTANDING ANTITRUST LAWS UNDERSTANDING ANTITRUST LAWS Jenny Pakula, J.D. Vice President Legal Affairs & Business Development Oregon Association of REALTORS Antitrust Law The purpose of the Antitrust laws is to promote competition

More information

ENERGISTICS CONSORTIUM, INC. ANTITRUST COMPLIANCE POLICY

ENERGISTICS CONSORTIUM, INC. ANTITRUST COMPLIANCE POLICY ENERGISTICS CONSORTIUM, INC. ANTITRUST COMPLIANCE POLICY This document contains the Antitrust Policy, Antitrust Guidelines and Antitrust Reminder that together represent the antitrust compliance program

More information

Coffee Regional Medical Center FALSE CLAIMS EDUCATION

Coffee Regional Medical Center FALSE CLAIMS EDUCATION Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey

More information

American Polygraph Association. Antitrust Compliance Program

American Polygraph Association. Antitrust Compliance Program American Polygraph Association Antitrust Compliance Program Introduction The American Polygraph Association (APA) is a not for profit membership corporation incorporated under the laws of the District

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ) UNITED STATES OF AMERICA ) Department of Justice, Antitrust Division, ) 325 7th Street, N.W., Suite 300 ) Washington,

More information

Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193

Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193 45-189 Loan brokers; legislative findings. The Legislature finds that: Nebraska Loan Broker Act Chapter 45, Article 1, Section f 45-189 to 45-193 (1) Many professional groups are presently licensed or

More information

Chapter 21 Credit Services Organizations Act

Chapter 21 Credit Services Organizations Act Chapter 21 Credit Services Organizations Act 13-21-1 Short title. This chapter is known as the "Credit Services Organizations Act." Enacted by Chapter 29, 1985 General Session 13-21-2 Definitions -- Exemptions.

More information

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1198

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1198 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 0 S SENATE BILL Short Title: Regulate Debt Settlement. Sponsors: Senators Clodfelter; and Berger of Rockingham. Referred to: Commerce, Small Business and Entrepreneurship.

More information

Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12

Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12 Combating Waste, Fraud, Abuse; Ability to Report Wrongdoing for Federal/Georgia Beneficiaries POLICY: AC.ETH.01.12 Responsible to: President & CEO Date: December 2005 PURPOSE It is the policy of Shepherd

More information

AN ANTITRUST PRIMER FOR PROCUREMENT PROFESSIONALS

AN ANTITRUST PRIMER FOR PROCUREMENT PROFESSIONALS PRICE FIXING & BID RIGGING - THEY HAPPEN: What They Are and What to Look For AN ANTITRUST PRIMER FOR PROCUREMENT PROFESSIONALS I. INTRODUCTION American consumers have the right to expect the benefits of

More information

LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY I. SUBJECT: FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTION

LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY I. SUBJECT: FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTION File: E-11 LAKE COUNTY BOARD OF DD/DEEPWOOD BOARD POLICY Reviewed and Adopted by the Board: Date: February 28, 2011 Signature on file Elfriede Roman, Superintendent I. SUBJECT: FALSE CLAIMS PREVENTION

More information

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS METHODIST HEALTH SYSTEM ADMINISTRATIVE Formulated: 6/19/07 Reviewed: Revised: Effective: 10/30/07 TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS PURPOSE: Methodist

More information

WHITEPAPER. Facts Association Executives Need to Know About Antitrust Law by Mark Alcorn

WHITEPAPER. Facts Association Executives Need to Know About Antitrust Law by Mark Alcorn WHITEPAPER Facts Association Executives Need to Know About by Mark Alcorn Although many business owners and managers pay little or no attention to antitrust laws, these laws pose a substantial threat to

More information

304.15-717 Circumstances under which life settlement transactions are unlawful -- Required statement regarding false information -- Furnishing

304.15-717 Circumstances under which life settlement transactions are unlawful -- Required statement regarding false information -- Furnishing 304.15-717 Circumstances under which life settlement transactions are unlawful -- Required statement regarding false information -- Furnishing information regarding fraudulent life settlement acts. (1)

More information

CONSUMER LOAN BROKER ACT. 81-19-11. Investigation of applicant; issuance or denial of license; time limit for acting on applications.

CONSUMER LOAN BROKER ACT. 81-19-11. Investigation of applicant; issuance or denial of license; time limit for acting on applications. CONSUMER LOAN BROKER ACT Section 81-19-1. Short title. 81-19-3. Definitions. 81-19-5. License requirement; penalty for violation. 81-19-7. Exclusions from chapter coverage. 81-19-9. License application;

More information

CHAPTER 80G BULLION COIN DEALERS

CHAPTER 80G BULLION COIN DEALERS 1 MINNESOTA STATUTES 2015 80G.01 CHAPTER 80G BULLION COIN DEALERS 80G.01 DEFINITIONS. 80G.02 REGISTRATION. 80G.03 REGISTRATION DENIAL, NONRENEWAL, REVOCATION, AND SUSPENSION. 80G.04 CRIMINAL CONVICTIONS.

More information

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive

More information

TABLE OF CONTENTS. This act shall be known and may be cited as the Appraisal Management Company Registration Act.

TABLE OF CONTENTS. This act shall be known and may be cited as the Appraisal Management Company Registration Act. Appraisal Management Company Registration Act 63 P.S. 457.21 457.31 (Current through 02/02/2012) (When referring to section numbers, use a truncated version of the number after the decimal point. For example,

More information

June 10, 2010. 2010 Legislative Amendments to the Indiana Code Relating to First Lien Mortgage Act (the Act )

June 10, 2010. 2010 Legislative Amendments to the Indiana Code Relating to First Lien Mortgage Act (the Act ) June 10, 2010 2010 Legislative Amendments to the Indiana Code Relating to First Lien Mortgage Act (the Act ) Effective July 1, 2010 (except as otherwise indicated) Questions, Answers, and Administrative

More information

West s Annotated MISSISSIPPI CODE

West s Annotated MISSISSIPPI CODE West s Annotated MISSISSIPPI CODE Using the Classification and Numbering System of the Mississippi Code of 1972 Title 73 Professions and Vocations 2002 Cumulative Annual Pocket Part Chapter 60 HOME INSPECTORS

More information

5037 Employee Education About False Claims Recovery 5037. The purpose of this policy is to educate employees, contractors, and agents on

5037 Employee Education About False Claims Recovery 5037. The purpose of this policy is to educate employees, contractors, and agents on 5037 Employee Education About False Claims Recovery 5037 The purpose of this policy is to educate employees, contractors, and agents on the requirements of the Deficit Reduction Act (DRA) of 2005 which

More information

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual Fraud and Abuse Prevention DRA Compliance Policy #: 1521 Original Issue: December, 2007 Page 1 of 6 Policy It is the policy of Hackensack

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733) FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims

More information

CREDIT REPAIR SERVICES (California Civil Code 1789.10 et seq.; 15 U.S.C.A. 1679 et seq.)

CREDIT REPAIR SERVICES (California Civil Code 1789.10 et seq.; 15 U.S.C.A. 1679 et seq.) Legal Affairs 1625 North Market Blvd., Suite S 309, Sacramento, CA 95834 www.dca.ca.gov Legal Guide CR-9 CREDIT REPAIR SERVICES (California Civil Code 1789.10 et seq.; 15 U.S.C.A. 1679 et seq.) January

More information

Deficit Reduction Act Contract Providers 2015

Deficit Reduction Act Contract Providers 2015 OVERVIEW The first major change to the enforcement landscape in the Deficit Reduction Act (DRA) is the creation of the Medicaid Integrity Program, modeled after a Medicare program. It will allow the government

More information

Credit Services Organization Act 24 O.S. 131 148

Credit Services Organization Act 24 O.S. 131 148 Credit Services Organization Act 24 O.S. 131 148 Chapter 8 Credit Services Organization Act Section 131 Short Title This act shall be known and may be cited as the "Credit Services Organization Act". Added

More information

Newport Subacute Healthcare Center

Newport Subacute Healthcare Center Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Newport Subacute Healthcare Center Document #: Original Issue: 02/01/2006 Revision Date:

More information

The Georgia Brokerage Relationships in Real Estate Transactions Act

The Georgia Brokerage Relationships in Real Estate Transactions Act Chapter 9 The Georgia Brokerage Relationships in Real Estate Transactions Act A. OVERVIEW PURPOSE OF THE ACT The Brokerage Relationships in Real Estate Transactions Act (BRRETA) http://www.crowngeorgia.com/brreta.htm

More information

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated

More information

The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq.

The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq. The Rosenthal Fair Debt Collection Practices Act California Civil Code 1788 et seq. 1788. This title may be cited as the Rosenthal Fair Debt Collection Practices Act. 1788.1 (a) The Legislature makes the

More information

PITTSBURGH CARE PARTNERSHIP, INC. COMMUNITY LIFE PROGRAM POLICY AND PROCEDURE MANUAL. False Claims Act Explanation and Reporting Requirements

PITTSBURGH CARE PARTNERSHIP, INC. COMMUNITY LIFE PROGRAM POLICY AND PROCEDURE MANUAL. False Claims Act Explanation and Reporting Requirements SUBJECT: False Claims Act Explanation and Reporting Requirements NUMBER: 1004 CROSS REFERENCE NUMBER: 1823 REG. REF.: 31 U.S.C. 37-29 PURPOSE: POLICY: The purposes of this policy are to describe the Federal

More information

Unauthorized Practice of Law

Unauthorized Practice of Law Unauthorized Practice of Law Maryland, Virginia and the District of Columbia - Laws, Regulations and Procedures for how to file a complaint against a Notario Publico Overview Notary v. Notario Publico

More information

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties

Provided By Touchstone Consulting Group Workers Compensation Employer Penalties Provided By Touchstone Consulting Group Workers Compensation Employer New Jersey s workers compensation laws determine the benefits available to employees who are injured in the course and scope of employment.

More information

MISLEADING ADVERTISING GUIDE

MISLEADING ADVERTISING GUIDE MISLEADING ADVERTISING GUIDE Complying with The Competition Act CREA THE CANADIAN REAL ESTATE ASSOCIATION Table of Contents Introduction...............................................2 What is Misleading

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

North Shore LIJ Health System, Inc.

North Shore LIJ Health System, Inc. North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office

More information

Case 1:05-cv-01658-CCB Document 1-1 Filed 06/17/2005 Page 1 of 18

Case 1:05-cv-01658-CCB Document 1-1 Filed 06/17/2005 Page 1 of 18 Case 1:05-cv-01658-CCB Document 1-1 Filed 06/17/2005 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND (Northern Division SPRINGFIELD FINANCIAL COMPANY, L.L.C., d/b/a SFC, L.L.C.,

More information

BY REPRESENTATIVES PINAC AND NEVERS AN ACT. services; to provide relative to the State Licensing Board for. and to provide for related matters.

BY REPRESENTATIVES PINAC AND NEVERS AN ACT. services; to provide relative to the State Licensing Board for. and to provide for related matters. Regular Session, 2003 HOUSE BILL NO. 1328 $&71R BY REPRESENTATIVES PINAC AND NEVERS AN ACT To enact Chapter 24-A of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 37:2181 through

More information

American Health Lawyers Association. Fraud and Abuse, Self-Referrals, and False Claims Practice Group

American Health Lawyers Association. Fraud and Abuse, Self-Referrals, and False Claims Practice Group American Health Lawyers Association Fraud and Abuse, Self-Referrals, and False Claims Practice Group SUMMARY OF FRAUD AND ABUSE STATUTES & REGULATIONS DELAWARE Prepared by Gary G. Grindler, Esquire Christopher

More information

A quick guide to competition and consumer protection laws that affect your business

A quick guide to competition and consumer protection laws that affect your business A quick guide to competition and consumer protection laws that affect your business A quick guide to competition and consumer protection laws that affect your business 1 A quick guide to competition and

More information

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9 Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,

More information

WILLIAMSON COUNTY, TENNESSEE WORKERS COMPENSATION ANTI-FRAUD PLAN

WILLIAMSON COUNTY, TENNESSEE WORKERS COMPENSATION ANTI-FRAUD PLAN WILLIAMSON COUNTY, TENNESSEE WORKERS COMPENSATION ANTI-FRAUD PLAN I. Provisions for the prevention, detection and investigation of workers compensation fraud. Williamson County Government will take all

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly

More information

Charging, Coding and Billing Compliance 9510-04-10

Charging, Coding and Billing Compliance 9510-04-10 GWINNETT HOSPITAL SYSTEM CORPORATE COMPLIANCE Charging, Coding and Billing Compliance 9510-04-10 Original Date Review Dates Revision Dates 01/2007 05/2009 POLICY Gwinnett Health System, Inc. (GHS), and

More information

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this

More information

Westlake Convalescent Hospital

Westlake Convalescent Hospital Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Westlake Convalescent Hospital Document #: Original Issue: 02/01/2006 Revision Date:

More information

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:

More information

Greenwich Insurance Company

Greenwich Insurance Company REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE APPLICATION tice: This is an application for a policy that contains Claims-made liability protection. Coverage for prior acts and claims made after

More information

PROPERTY MANAGER SUPPLEMENTAL APPLICATION

PROPERTY MANAGER SUPPLEMENTAL APPLICATION Name of Insurance Company to which Application is made PROPERTY MANAGER SUPPLEMENTAL APPLICATION This is a supplement to an application for a CLAIMS-MADE and Reported Policy. It is to be used solely in

More information

Greenwich Insurance Company REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE RENEWAL APPLICATION

Greenwich Insurance Company REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE RENEWAL APPLICATION REAL ESTATE PROFESSIONAL ERRORS AND OMISSIONS INSURANCE RENEWAL APPLICATION te: Failure to submit a completed application in a timely manner could jeopardize your prior acts coverage. Named Insured: Policy.:

More information

(c) Providing advice or assistance to a buyer with regard to either subdivision (a) or (b) of this paragraph.

(c) Providing advice or assistance to a buyer with regard to either subdivision (a) or (b) of this paragraph. ARIZONA CREDIT REPAIR LAWS Arizona Credit Repair Organizations Act Title 44. Trade and Commerce Chapter 11. Regulations Concerning Particular Businesses Article 7. Credit Services 44-1701. Definitions

More information

VNSNY CORPORATE. DRA Policy

VNSNY CORPORATE. DRA Policy VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES

More information

PUBLIC ADJUSTERS IN PENNSYLVANIA

PUBLIC ADJUSTERS IN PENNSYLVANIA I. HOW DOES PENNSYLVANIA REGULATE THE LICENSE AND ACTIVITIES OF PUBLIC ADJUSTERS AND PUBLIC ADJUSTER SOLICITORS? 63 P.S. 1601 et.seq. statutorily regulates the license and activities of public adjusters

More information

APPRAISAL MANAGEMENT COMPANY

APPRAISAL MANAGEMENT COMPANY STATE OF ARKANSAS APPRAISER LICENSING AND CERTIFICATION BOARD APPRAISAL MANAGEMENT COMPANY STATUTES 1 ARKANSAS APPRAISER LICENSING AND CERTIFICATION BOARD APPRAISAL MANAGEMENT COMPANY STATUTES SUBCHAPTER

More information

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007 VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE

More information

CONSUMER MORTGAGE PROTECTION ACT Act 660 of 2002. The People of the State of Michigan enact:

CONSUMER MORTGAGE PROTECTION ACT Act 660 of 2002. The People of the State of Michigan enact: CONSUMER MORTGAGE PROTECTION ACT Act 660 of 2002 AN ACT to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of

More information

How to stay out of HOT water?

How to stay out of HOT water? How to stay out of HOT water? (Keeping Title Agents LUKEWARM) William R. Lacy Arkansas Insurance Department 1200 West Third Street Little Rock, AR 72201-1904 501-682-5215 Phone 501-917-2748 FAX Sarah Harper

More information

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

Summary: The Organization directs its activities in full compliance with Federal, State and Local laws and regulations.

Summary: The Organization directs its activities in full compliance with Federal, State and Local laws and regulations. Sunrise Community, Inc. and Affiliates, the Organization, shall comply with Section 6032 of the Deficit Reduction Act of 2005. The Whistleblower Protection Policy is designed to encourage and enable directors,

More information

Fraud, Waste and Abuse Prevention and Education Policy

Fraud, Waste and Abuse Prevention and Education Policy Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state

More information

SECURITIES EXAMINER (ENTRY) 5670

SECURITIES EXAMINER (ENTRY) 5670 SECURITIES EXAMINER (ENTRY) 5670 GENERAL DESCRIPTION OF CLASS The SECURITIES EXAMINER (ENTRY), under the guidance of a Securities Examiner, analyzes and evaluates the activities of individuals and businesses

More information

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE SUBJECT: DETECTION AND PREVENTION OF POLICY: 200.161 FRAUD, WASTE, AND ABUSE EFFECTIVE DATE: June, 2012 ISSUED BY: Administration TJC REF: None PAGE: 1 OF 5

More information

Mortgage Loan Company Act

Mortgage Loan Company Act Mortgage Loan Company Act CHAPTER 58 ARTICLE 21 Mortgage Loan Companies and Loan Brokers Section: 58-21-1 Short title. 58-21-2 Definitions. 58-21-3 License required; qualified manager. 58-21-4 Application

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 S 1 SENATE BILL 454. Short Title: Automotive Repair Licensing Board. (Public) March 26, 2015

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 S 1 SENATE BILL 454. Short Title: Automotive Repair Licensing Board. (Public) March 26, 2015 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION S 1 SENATE BILL Short Title: Automotive Repair Licensing (Public) Sponsors: Referred to: Senator Tucker (Primary Sponsor). Rules and Operations of the Senate.

More information

Prevention of Fraud, Waste and Abuse

Prevention of Fraud, Waste and Abuse Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...

More information

Home Inspectors Professional Liability Application

Home Inspectors Professional Liability Application Home Inspectors Professional Liability Application 1. Contact Information: Name of Applicant: Work : Cell : Street Address: Email: City: State: Zip: 2. Business Information Business Name: Years experience

More information

OCCUPATIONS CODE TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES CHAPTER 1303. RESIDENTIAL SERVICE COMPANIES. As Revised and in Effect on

OCCUPATIONS CODE TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES CHAPTER 1303. RESIDENTIAL SERVICE COMPANIES. As Revised and in Effect on OCCUPATIONS CODE TITLE 8. REGULATION OF ENVIRONMENTAL AND INDUSTRIAL TRADES CHAPTER 1303. RESIDENTIAL SERVICE COMPANIES As Revised and in Effect on September 1, 2009 Texas Real Estate Commission P.O. Box

More information

EXECUTIVE SUMMARY Compliance Program and False Claims Recovery

EXECUTIVE SUMMARY Compliance Program and False Claims Recovery EXECUTIVE SUMMARY Compliance Program and False Claims Recovery INTRODUCTION: The Federal Deficit Reduction Act of 2005, also known as the DRA, requires that providers give their employees, medical staff,

More information

Anti-Bribery and Books & Records Provisions of. The Foreign Corrupt Practices Act. Current through Pub. L. 105-366 (November 10, 1998)

Anti-Bribery and Books & Records Provisions of. The Foreign Corrupt Practices Act. Current through Pub. L. 105-366 (November 10, 1998) [As of July 22, 2004] Anti-Bribery and Books & Records Provisions of The Foreign Corrupt Practices Act Current through Pub. L. 105-366 (November 10, 1998) UNITED STATES CODE TITLE 15. COMMERCE AND TRADE

More information

CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012

CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012 I. BACKGROUND CALIFORNIA FAIR DEBT COLLECTION PRACTICES ACT Updated 1 January 2012 A. Contents: This memorandum summarizes California's Fair Debt Collection Practices Act, California Civil Code (the "CCC")

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. It is intended for information and reference purposes only. This

More information

CHAPTER 13-10 MORTGAGE LOAN ORIGINATORS

CHAPTER 13-10 MORTGAGE LOAN ORIGINATORS CHAPTER 13-10 MORTGAGE LOAN ORIGINATORS 13-10-01. Purpose. The purpose of this chapter is to protect consumers seeking mortgage loans and to ensure that the mortgage lending industry is operating without

More information

Michie's Legal Resources. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence Act of 1999. [Acts 1999, ch. 201, 2.

Michie's Legal Resources. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence Act of 1999. [Acts 1999, ch. 201, 2. http://www.michie.com/tennessee/lpext.dll/tncode/12ebe/13cdb/1402c/1402e?f=templates&... Page 1 of 1 47-18-2101. Short title. This part shall be known and may be cited as the Tennessee Identity Theft Deterrence

More information

Case 2:12-cv-07481-SRC-CLW Document 1 Filed 12/06/12 Page 1 of 13 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:12-cv-07481-SRC-CLW Document 1 Filed 12/06/12 Page 1 of 13 PageID: 1 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 2:12-cv-07481-SRC-CLW Document 1 Filed 12/06/12 Page 1 of 13 PageID: 1 Michael D. Camarinos, Esq. Mavroudis, Rizzo & Guarino, LLC Attorneys at Law 690 Kinderkamack Road Oradell, New Jersey 07649 Telephone:

More information

Annotated Code of Maryland

Annotated Code of Maryland Annotated Code of Maryland Health Occupations Article Title 9 - Nursing Home Administrators Subtitle 1. Definitions; General Provisions. 9 101. Definitions. (a) In this title the following words have the

More information

Legal Aspects of Real Estate Course Syllabus

Legal Aspects of Real Estate Course Syllabus Legal Aspects of Real Estate Course Syllabus Chapter 1: An Introduction to Law and the Legal System The Role of Law The Roots of U.S. Law Criminal and Civil Law Sources of Law Constitutions Legislatures:

More information

Question 8 July 2013 Selected Answer 1. 1. Violation under applicable Texas consumer protection laws by Insureco and Albert

Question 8 July 2013 Selected Answer 1. 1. Violation under applicable Texas consumer protection laws by Insureco and Albert Question 8 July 2013 Selected Answer 1 1. Violation under applicable Texas consumer protection laws by Insureco and Albert Peter may obtain recovery against Insureco for several violations of the Texas

More information

POLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS

POLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS 43 New Scotland Avenue (MC-12) Albany, NY 12208 POLICY ON FRAUD, WASTE AND ABUSE IN FEDERAL HEALTH CARE PROGRAMS EFFECTIVE JANUARY 1, 2007, APPROVED NOVEMBER 14, 2006 LATEST REVISION DATE: MARCH 4, 2015

More information

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC

TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE. Robyn Jones Homes, LLC 1 TEXAS ASSOCIATION OF REALTORS INDEPENDENT CONTRACTOR AGREEMENT FOR SALES ASSOCIATE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOT AUTHORIZED Texas Association

More information

A summary of administrative remedies found in the Program Fraud Civil Remedies Act

A summary of administrative remedies found in the Program Fraud Civil Remedies Act BLACK HILLS SPECIAL SERVICES COOPERATIVE'S POLICY TO PROVIDE EDUCATION CONCERNING FALSE CLAIMS LIABILITY, ANTI-RETALIATION PROTECTIONS FOR REPORTING WRONGDOING AND DETECTING AND PREVENTING FRAUD, WASTE

More information

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112 1 of 6 I. Policy: It is the policy of Behavioral Healthcare, Inc. (BHI) that all employees (including management, consultants, contractors, and other agents) shall comply with all applicable Federal and

More information

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange

More information

CENTERLIGHT HEALTH SYSTEM CORPORATE COMPLIANCE POLICY. SUBJECT: Detection & Prevention of Fraud, Waste & Abuse POLICY NO.:

CENTERLIGHT HEALTH SYSTEM CORPORATE COMPLIANCE POLICY. SUBJECT: Detection & Prevention of Fraud, Waste & Abuse POLICY NO.: EFFECTIVE DATE: January 1, 2007 PAGE: 1 of 8 Reference: Federal Deficit Reduction Act of 2005 (DRA) see, 6032 et seq; Office of the Medicaid Inspector General Provider Compliance guidance and CenterLight

More information

No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778)

No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778) No. 168. An act relating to structured settlements and to prohibiting collusion as an antitrust violation. (H.778) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 9 V.S.A.

More information

TITLE 209: DIVISION OF BANKS CHAPTER 41.00: THE LICENSING OF MORTGAGE LOAN ORIGINATORS

TITLE 209: DIVISION OF BANKS CHAPTER 41.00: THE LICENSING OF MORTGAGE LOAN ORIGINATORS TITLE 209: DIVISION OF BANKS CHAPTER 41.00: THE LICENSING OF MORTGAGE LOAN ORIGINATORS 41.01: Purpose and Scope The purpose of 209 CMR 41.00 et seq. is to establish procedures and requirements for the

More information

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10 Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:

More information

Checks written out to cash being negotiated by the elder s caregiver. Checks signed by the senior but filled out by someone else

Checks written out to cash being negotiated by the elder s caregiver. Checks signed by the senior but filled out by someone else Elder Financial Abuse Litigation Guide California Advocates for Nursing Home Reform Inappropriate banking activity, such as unusually large withdrawals or withdrawals from automated banking machines when

More information

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Filed: Violations: 15 U.S.C. 1 18 U.S.C.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION. Filed: Violations: 15 U.S.C. 1 18 U.S.C. Case 1:13-cr-00370-JOF Document 1 Filed 09/25/13 Page 1 of 15 FILED IN OPEN COURT U.S.D.C ATLANTA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION SEP 2 5 2013

More information

STATUTES OF LIMITATIONS IN COLORADO

STATUTES OF LIMITATIONS IN COLORADO STATUTES OF LIMITATIONS IN COLORADO CRIMINAL Murder Kidnapping Treason Sex offense against a child Applies to offenses committed on or after July 1, 1996 Forgery solicitation to commit murder solicitation

More information

JURY INSTRUCTIONS. 2.4 Willful Maintenance of Monopoly Power

JURY INSTRUCTIONS. 2.4 Willful Maintenance of Monopoly Power JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS 1. ANTITRUST CLAIMS 2. Elements of Monopoly Claim 2.1 Definition of Monopoly Power 2.2 Relevant Market 2.3 Existence of Monopoly Power 2.4 Willful Maintenance

More information

NC General Statutes - Chapter 90 Article 18D 1

NC General Statutes - Chapter 90 Article 18D 1 Article 18D. Occupational Therapy. 90-270.65. Title. This Article shall be known as the "North Carolina Occupational Therapy Practice Act." (1983 (Reg. Sess., 1984), c. 1073, s. 1.) 90-270.66. Declaration

More information

ANTITRUST STATUTES. The Sherman Antitrust Act of 1890

ANTITRUST STATUTES. The Sherman Antitrust Act of 1890 LEGAL ENVIRONMENT OF CREDIT NACM LEARNING CENTER Wanda Borges, Esq. Borges & Associates, LLC 575 Underhill Blvd. Syosset, NY 11791 516-677-8200 x 225 borgeslawfirm@aol.com ANTITRUST STATUTES The Sherman

More information

ADMINISTRATIVE POLICY MANUAL

ADMINISTRATIVE POLICY MANUAL SUPERSEDES: New PAGE: 838.00 POLICY: 1. It is the policy of Onondaga County hereinafter referred to as the County, to comply with all applicable federal, state and local laws and regulations, both civil

More information

TITLE I STANDARDS DEVELOPMENT ORGANIZATION ADVANCEMENT ACT OF 2004

TITLE I STANDARDS DEVELOPMENT ORGANIZATION ADVANCEMENT ACT OF 2004 118 STAT. 661 Public Law 108 237 108th Congress An Act To encourage the development and promulgation of voluntary consensus standards by providing relief under the antitrust laws to standards development

More information

This policy applies to UNTHSC employees, volunteers, contractors and agents.

This policy applies to UNTHSC employees, volunteers, contractors and agents. Policies of the University of North Texas Health Science Center 3.102 Detecting and Responding to Fraud, Waste and Abuse Chapter 3 Compliance Policy Statement UNTHSC developed and implemented a Compliance

More information

COLORADO CREDIT SERVICES ORGANIZATION ACT. Table of Contents COLORADO CREDIT SERVICES ORGANIZATION ACT... 1

COLORADO CREDIT SERVICES ORGANIZATION ACT. Table of Contents COLORADO CREDIT SERVICES ORGANIZATION ACT... 1 COLORADO CREDIT SERVICES ORGANIZATION ACT Table of Contents COLORADO CREDIT SERVICES ORGANIZATION ACT... 1 12-14.5-101. Short title.... 1 12-14.5-102. Legislative declaration.... 1 12-14.5-103. Definitions...

More information

SULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31

SULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31 SULLIVAN COUNTY EMPLOYEE ORIENTATION FACT SHEET # 31 SULLIVAN COUNTY CORPORATE COMPLIANCE SUBJECT: FALSE CLAIMS ACT STATEMENT OF POLICY: Sullivan County is committed to providing quality health care in

More information

NC General Statutes - Chapter 93 1

NC General Statutes - Chapter 93 1 93-1. Definitions; practice of law. (a) Chapter 93. Certified Public Accountants. Definitions. As used in this Chapter certain terms are defined as follows: (1) An "accountant" is a person engaged in the

More information