Category Archives: Qui Tam/Whistleblower
Can Whistleblowers Use HIPAA to Support Their Claims?
HIPPA and Whistleblower Cases Most people in the healthcare industry know that documents covered by HIPAA must be treated with utmost secrecy and care. Protecting patient privacy is a big deal. Thus, questions frequently arise when a healthcare worker wants to blow the whistle on fraud. Can he or she use HIPAA protected documents… Read More »
The U.S. Trade War with China – How the False Claims Act Can Help
The United States is currently at war with the People’s Republic of China – a trade war. The False Claims Act has an important role to play in this battle. Every year foreign countries, but most particularly China, engage in a practice of “dumping” goods into the U.S. market. Generally, this occurs when a… Read More »
What are Violations of the False Claims Act?
Any fraud on a federal government agency could potentially be a violation of the federal False Claims Act. Not every government fraud involves millions of dollars. Take, for example, a recent settlement announced by the Department of Justice’s Office of the Inspector General. According to the DOJ’s press release, Douglas daCosta of Livermore California,… Read More »
Government Child Care Fraud Hurts Families
If you are not part of a low-income family with small children, you may not have heard of the Child Care and Development Fund (CCDF). Similar to the Medicaid program, CCDF is a joint program between the federal government and the states that provides child care subsidies to eligible low-income families so the parent(s)… Read More »
When is a Whistleblower Case Barred by the Public Disclosure Rule?
When is a Whistleblower Case Barred by the Public Disclosure Rule: Business Litigation Attorneys Explain The False Claims Act contains a provision commonly known as the public disclosure bar. This provision, in certain circumstances, prevents whistleblowers from bringing qui tam cases if those cases are based upon facts or fraudulent schemes that have already… Read More »
Civil Penalties Under the False Claims Act Set to Rise
Increased Civil Penalties Under the False Claims Act – Business Litigation Attorneys Explain On June 30, the Department of Justice announced that it is adjusting the civil monetary penalties imposed under the False Claims Act, effective August 1, 2016. This follows a similar increase announced by the Railroad Retirement Board back in May of… Read More »
Why We Need Whistleblowers
Ralph Nader is often credited with coining the modern term “whistleblower” to refer to an employee who reports illegal, unethical or wrongful conduct at his or her place of employment. At our firm, we have had the privilege to represent many courageous whistleblowers who have had the integrity to stand up and report fraud… Read More »
What’s the Deal With Off-Label Drug Use?
Improper Off-Label Usage of Prescription Drugs Broadly speaking, “off-label” drug use occurs when a doctor prescribes a medication for a condition or ailment that is not specifically approved by the FDA. When the FDA approves a drug, the manufacturer is required to submit studies showing that a drug works for a specific condition and… Read More »
Supreme Court Approves of “Implied False Certifications”
False Claims Act litigation: Implied False Certifications and Supreme Court As we wrote back in April, the Supreme Court considered a case this term on a grey area in False Claims Act litigation – “implied certifications.” A typical false claim would be “factually false” – in other words, the fraudster submits a claim to… Read More »
1099 Sales Reps and Kickbacks
Report Kickbacks and 1099 Sales Reps Many healthcare companies engage independent sales representatives or marketers to sell their goods and services. These include pharmaceutical companies, diagnostic laboratories, home health agencies, imaging centers and many others. Unfortunately, many of these companies violate the Anti-Kickback Statute (AKS) and the False Claims Act through the manner in… Read More »