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Around the nation, a lack of government resources and / or expertise has forced state attorneys general to resort to outsourcing of prosecutorial efforts in order to ensure that the needs of the state and its citizens are adequately represented. Such arrangements have often been challenged on the grounds that they violate either state constitution separation of powers provisions, or the demands the neutrality doctrine places on government officials. As the relevant case law indicates, the neutrality doctrine in particular raises valid concerns about the propriety of contingency fee arrangements; concerns that have yet to be adequately addressed by any of the reforms proposed to date. This Note presents a novel set of best practices for state attorneys general who choose to utilize conti...
This notice announces an increase to the maximum contingency fee, for which Federal financial participation (FFP) will be available, that may be paid to Medicaid Recovery Audit Contractors (RAC) by State Medicaid programs as authorized by section 1902(a)(42)(B) of the Social Security Act (the Act), as amended by the Affordable Care Act, requiring States to establish Medicaid RAC programs. In the September 16, 2011 Federal Register (76 FR 57808), we published a final rule that ties the Medicaid RAC contingency fee to the Medicare Recovery Audit Program with an opportunity for the States to request an exception to exceed the highest fee paid to a Medicare Recovery Auditor. Further, we indicated in the final rule that we would make States aware of any modifications to the payment methodolo...
Contingency fee; settlement agreement; fraud; refinance; restructure.
Critics claim that the flood of legislators into lobbying heightens the perception that lobbyists use personal contacts to take home big paychecks, and that taxpayers pay the price in the end. These are not the only unsavory aspects of the lobbying profession in Washington today. Corporations and interest groups seeking access to government officials at all levels have found an interesting way to make high-powered lobbyists work even harder for their money: the contingency fee. Contingency fee lobbying contracts have become surprisingly common, particularly in situations where corporations seek government contract work or appropriations for a particular program that would put money in their pockets. A ban on contingency fee lobbying is the only effective way to ensure that lobbyists wil...
In the special MOney 20 magazine in this edition, we report that Armstrong Teasdale got a contingency fee for the last time from a case filed over the 1999 collapse of General American. While Armstrong Teasdale's 2008 revenue did benefit from a $14.8 million fee, it may not be the last time the firm gets a contingency fee from a GenAm case.
Last month, 30 states across the nation held elections for the office of attorney gen- eral. As the current attor- ney general of Colorado, I offer my congratulations to my colleagues, new and old, on attaining one of the most important positions in state government. From tobacco control to predatory subprime mortgages to consumer protection, attorneys general are at the forefront of some of the most significant and controversial issues of our time. Addressing these problems is not easy or cheap. At times, attorneys general must litigate against well-financed interests and hire outside counsel - experienced private-sector lawyers with specific expertise - to address highly specialized legal issues.
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