The fraud and abuse statute: rationalizing or rationalization?

Rationalizing the fraud and abuse statute.

A Code-Based Approach to Unauthorized Access Under the Computer Fraud Abuse Act

Thirty years ago, Congress passed the Computer Fraud and Abuse Act ("CFAA ") to combat the emerging problem of computer crime. The statute's core prohibitions targeted one who "accesses" a computer "without authorization" or who "exceeds authorized access." Over time, the incremental statutory changes and large-scale technological changes have dramatically expanded the potential scope of the CF...

Medicare and State health care programs: fraud and abuse; OIG anti-kickback provisions--HHS. Final rule.

This final rule implements section 14 of Public Law 100-93, the Medicare and Medicaid Patient and Program Protection Act of 1987, by specifying various payment practices which, although potentially capable of inducing referrals of business under Medicare or a State health care program, will be protected from criminal prosecution or civil sanctions under the anti-kickback provisions of the statute.

Improving Fraud and Abuse Detection in General Physician Claims: A Data Mining Study

Background We aimed to identify the indicators of healthcare fraud and abuse in general physicians’ drug prescription claims, and to identify a subset of general physicians that were more likely to have committed fraud and abuse.   Methods We applied data mining approach to a major health insurance organization dataset of private sector general physicians’ prescription claims. It involved 5 ste...

Beyond WarGames: How the Computer Fraud and Abuse Act Should Be Interpreted in the Employment Context

The nation's most impoitant computer crime statute, the Computer Fraud and Abuse Act of 1986 ("CFAA"), has made its way into the employment relationship. This has generated a surge of academic alarm and more than a few confused courts. The legal quandary, however, comes down to a single word: "authorization." What does it mean to have it? When does an employee lose it? And why should it matter ...