1. 11. See McCue, and Thompson, , supra note 9.
2. 51. Prior evidence of a variety of unsavory marketing tactics employed by pharmaceutical company representatives provides a cautionary tale, well documented by Dr. Angel, Marcia , former editor of the New England Journal of Medicine, in her 2004 book The Truth about the Drug Companies. The hard sell, questionably accurate information, and gift incentives can go a long way toward building market share, but not necessarily toward empowering a potential patient to make a decision that is in her best interest and consistent with the hospice philosophy.
3. 40. Id. and Relman, , supra note 14.
4. 25. Eichenwald, K. , “HCA Is Said to Reach Deal on Settlement of Fraud Case,” New York Times, December 18, 2002, at A1 (reporting on an agreement with the Justice Department to pay more than $880 million to settle a long-running inquiry into accusations of health care fraud). See also Wood, E. T. , “Feds Win $19.4M in Lawsuit over Renal Care Group Medicare Practices,” NashvillePost.com website, March 23, 2010, available at (last visited February 25, 2011). The most egregious example of for-profit fraud specifically in the hospice industry would be that involving SouthernCare Hospice Press Release, Frohsin & Barger, LLC, Alabama Hospice Provider Settles Whistleblower Lawsuit for $24.7 Million, January 16, 2009) (on file with authors). As for fraud in the nonprofit sector, the False Claims Act Legal Center lists St. Barnabas Healthcare and its chain of eight nonprofit hospitals in New Jersey, as 23rd on its list of top False Claim Act fraud feasors since 1986. See (last visited January 20, 2011). For a specific hospice example, see also Frantz, D. , “Hospice Boom Is Giving Rise to New Fraud,” New York Times, May 10, 1998, at A1 (reporting on an indictment of Kirschenbaum, Joseph A. and His “not-for-profit” hospice Samaritan Care that allegedly defrauded Medicare out of $28.5 million).