July 17, 2018
False Claims Act Information
The Montana False Claims Act is modeled after the federal False Claims Act and allows individuals with information related to fraud, waste, and abuse being perpetrated on the Montana government to file a lawsuit on behalf of the government. Montana False Claims Act Liability Under the Montana False Claims Act, […]
July 16, 2018
Healthcare Fraud
Medicare Part A covers hospice care when a patient is certified as “terminally ill.” See e.g. 42 C.F.R. §§ 418.20, 418.22. “Terminally ill” means that a patient’s medical prognosis is for a life expectancy of six months or less due to the patient’s particular disease if it runs its normal course. […]
July 13, 2018
False Claims Act Information
In 2012, the State of Washington passed the Washington State Medicaid Fraud False Claims Act (“Washington Medicaid FCA”), its own version of the federal False Claims Act (“FCA”). The Washington Medicaid FCA allows private individuals who know about Medicaid fraud to bring a qui tam case against a person or […]
July 12, 2018
Healthcare Fraud
The state and federal governments pay hundreds of billions of dollars each year for pharmaceutical drugs, medical devices, hospital care, outpatient services, physician visits, and nursing home care. In making payments for these services, the government relies on clinics, companies, and individuals to abide by the law and submit accurate […]
July 11, 2018
False Claims Act Information
Let’s begin this post by defining the term “whistleblowing” and distinguishing it from “leaking,” or disclosing government practices or documents. When we use the term “whistleblowing,” we’re talking about reporting on misconduct by individuals or companies that take advantage of the government or cause some public harm. Most specifically, since […]
July 10, 2018
News
Each year, Super Lawyers selects attorneys using peer nominations and evaluations that are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.
July 9, 2018
SEC Fraud
Section 21F of the Securities Exchange Act of 1934 (“Exchange Act”) (15 U.S.C. §78u-6), entitled “Securities Whistleblower Incentives and Protection,” (often referred to as the SEC Whistleblower Statute) requires the Securities and Exchange Commission (the “Commission”) to pay awards, subject to certain limitations and conditions, to whistleblowers who provide the […]
July 6, 2018
False Claims Act Information
The Virginia Fraud Against Taxpayers Act (“Virginia False Claims Act) is the state-level counterpart to the federal False Claims Act for false claims in the Commonwealth of Virginia. While the federal statute concerns the presentation of false claims involving federal funds, the Virginia False Claims Act concerns the presentation of […]
July 3, 2018
False Claims Act Information
When investigating potential violations of the False Claims Act (“FCA”), the Government has a powerful tool at its disposal known as civil investigative demands (“CID”). CIDs permit the Government to require a person or entity to produce documents, provide written answers to interrogatories, or provide oral testimony. The Government can […]
July 2, 2018
Healthcare Fraud
Physical therapy Medicare fraud is when a provider fraudulently bills Medicare for physical therapy services. This fraud can also extend to other types of therapy services for Medicare beneficiaries, such as occupational or speech therapy. This particular fraud has been the subject of several successful qui tam lawsuits: in 2016, […]
June 26, 2018
False Claims Act Information
The Chicago False Claims Act allows whistleblowers to bring a qui tam lawsuit in the name of the City of Chicago if he or she has information related to fraud, waste, and abuse being perpetrated on the local government. Chicago False Claims Act Liability Under the Chicago False Claims Act, […]
June 20, 2018
Healthcare Fraud
The qui tam statutes permit whistleblowers to report companies engaged in either “fraud” or “abuse” directed against the United States to the government. If this information leads to a successful qui tam lawsuit, the whistleblower is eligible to receive a portion of any monetary recovery the government receives. Many states […]