# kaal:claim:2317580-025

**Claim.** Unlike private contracts, CIAs are not the product of genuine bargaining choice: companies execute them to avoid further prosecution and exclusion from Medicaid and Medicare, so that once the government decides a CIA is warranted, a company that wishes to remain in its industry has its hands tied.

**Type.** condition  **Support.** argued

**Holds when.**

- health care companies dependent on federal health care program participation

**Source quote.**

> If the government decides a CIA is warranted, the company's hands are tied if it wants to continue to operate within its industry.

**From.** Wulf A. Kaal, Elizabeth R. Malay, *The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties* (2013), IV. The Role of CIAs in Expanding Fiduciary Duties, page 14

**Cite as.** Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580

**Verify.** sha256 of source PDF `50973e1e820aef47a4e7ffdbdcb513d03f1845643fcf4fa5910e9528a0b7dac2` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kaal%20and%20Malay%20-%202013%20-%20The%20Role%20of%20Corporate%20Integrity%20Agreements%20in%20the%20Expansion%20of%20Fiduciary%20Duties.pdf

**Topics.** compliance

**Keywords.** coercion, contract-formation, medicare, medicaid, corporate-integrity-agreements

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