Legal Insights & Articles

What is the Florida Private Sector Whistleblower Act?

Like many states, Florida generally has an “at-will” employment policy, meaning that employees can be fired at any time for any reason that doesn’t violate a statutory or constitutional protection. For whistleblowers, that statutory protection comes from the Florida Whistleblower’s Act, which protects public employees, or the Florida Private Sector Whistleblower Act, Fla. Stat. [...]

By | 2019-09-26T09:35:43+00:00 October 17th, 2018|False Claims Act Information|

Tennessee Medicaid False Claims Act

(Tenn. Code Ann. §§ 71-5-181 to 185)   The Tennessee Medicaid False Claims Act (“Tennessee Medicaid FCA”) allows whistleblowers to sue in the name of the State of Tennessee where a wrongdoer engages in conduct that defrauds the state or local government of its healthcare dollars. This statute is designed to address Medicaid fraud. The Tennessee Medicaid FCA imposes liability [...]

By | 2019-03-27T12:57:07+00:00 October 10th, 2018|False Claims Act Information|

The Pros and Cons of Whistleblowing

If you observe actions that you believe are illegal and cheating the government, what should you do? What are the pros or cons of deciding to report that misconduct to someone – possibly someone within your company, who could fix things? Or reporting to a regulatory agency that your business interacts with, such as [...]

By | 2019-05-13T10:51:03+00:00 September 26th, 2018|False Claims Act Information|

New Hampshire False Claims Act

The New Hampshire False Claims Act (“New Hampshire FCA”) was first enacted in 2004. It authorizes whistleblowers with knowledge of fraudulent efforts by persons or businesses to obtain New Hampshire state funds or to avoid an obligation to pay New Hampshire state funds to file suit on behalf of the state of New Hampshire. See N.H. [...]

By | 2019-03-27T12:57:15+00:00 September 24th, 2018|False Claims Act Information|

Common Types of Pharmaceutical Fraud

Pharmacy fraud can take many forms, some of which can be very costly to taxpayers when the pharmaceuticals involved are paid for by government-funded health programs like Medicare or Medicaid. Some of the most common types of pharmacy fraud include: auto-refilling fraud, off-label marketing of drugs, average manufacturer price/best price fraud, drug switching, pharmaceutical [...]

By | 2019-05-13T10:59:20+00:00 September 20th, 2018|Healthcare Fraud|

The Michigan Whistleblowers’ Protection Act

The Michigan Whistleblowers’ Protection Act (“WPA”), Mich. Comp. Laws § 15.361-369 (2017), was enacted in 1980. The WPA protects employees, or agents acting on behalf of an employee, who report or are about to report violations of state, local, or federal law to any public body, from retaliation by their employers, unless the employee [...]

By | 2019-03-27T12:57:26+00:00 September 5th, 2018|False Claims Act Information|

What are Anti-Kickback Safe Harbors?

The federal Anti-Kickback Statute (“AKS”) imposes penalties on anyone who, knowingly or willfully, offers, pays, solicits, or accepts remuneration in exchange for referrals or payments for goods or services reimbursable under a federal healthcare program.[i] Congress enacted the AKS in 1972, and its primary purpose is “to protect patients and the federal health care [...]

By | 2019-05-15T11:00:46+00:00 August 31st, 2018|Healthcare Fraud|

How to Report Dentist Medicaid Fraud

In every state, Medicaid covers comprehensive dental services for all enrolled children. Additionally, almost every state Medicaid program provides emergency dental services to enrolled adults. About two-thirds of the state Medicaid programs additionally cover at least some non-emergency dental services for enrolled adults. See id. Whistleblowers play a central role in defending the Medicaid [...]

By | 2019-08-29T09:05:38+00:00 August 27th, 2018|Medicaid Fraud|

Nevada False Claims Act

The Nevada False Claims Act (“Nevada FCA”) mirrors the federal False Claims Act (“FCA”) but operates at the state level. Enacted in 1999, the Nevada FCA penalizes people who defraud Nevada’s state or local governments. The Nevada FCA imposes civil liability on “[any] person who, with or without specific intent to defraud, does any of [...]

By | 2019-06-06T09:10:39+00:00 August 24th, 2018|False Claims Act Information|

Isn’t Whistleblower Just a Fancy Word for Tattletale?

Imagine the following scenario: You’ve observed some cheating at work that really troubles you. It seems that your supervisor is cheating the government by lying about testing that your company hasn’t really done on its products, even though testing is required under your government contract. Should you report this? Who will get hurt? What [...]

By | 2019-03-27T13:00:43+00:00 August 22nd, 2018|False Claims Act Information|
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