Statistical Sampling Applications: Lessons Learned from Litigation, Claims Investigation, and Beyond

Statistical Sampling Applications: Lessons Learned from Litigation, Claims Investigation, and Beyond 

Andrew C. Bernasconi, Jonathan R. Davey, and Lindsay A. DeFrancesco

Health care providers, government auditors, enforcement agencies, insurers, and others in the health care industry have used statistical sampling for many years and in many different contexts. Now, however, the use of sampling techniques increasingly is becoming more prevalent and more important —and particularly in the context of health care litigation. With increasing availability of vast quantities of data and recent instances of judicial acceptance, parties to health care litigation disputes are turning to statistical sampling more than ever before.

This 60-page paper with supplemental AHLA program resources is designed to provide a brief overview of what statistical sampling is; its use in litigation outside the health care context; its use in health care administrative and litigation proceedings; methods for challenging the use of statistical sampling by opposing parties; and practical tips for health care providers facing the use of statistical sampling.

Table of Contents

• Introduction
• Overview of Statistical Sampling and Why It Is Important
• Statistical Sampling Background: Uses in Litigation Outside the Health Care Industry
• Statistical Sampling in the Health Care Industry
• How to Challenge Statistical Sampling
• Practical Tips
• Conclusion

Includes bonus access to AHLA Program slides, papers, and recordings:

• Surviving an Overpayment Demand Resulting from an Extrapolation of a High Error Rate
• Challenging the Government’s Use of Statistical Sampling and Extrapolation in FCA Health Care Cases
• Proactively Responding to Government Investigations Using Data Analytics

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