What is ‘Fraud?’: Whistleblower Case Examines Distinction Between Intent and Mistake
Litigation under the federal False Claims Act has steadily increased in recent years, prompting litigants to regularly impose upon appellate courts various questions of law and legislative interpretation. As we reported last week, the U.S. Circuit Courts are evenly split over how specific a Relator must plead claims under the […]
Justice Department Opts to Intervene in Whistleblower Lawsuit Against IPC the Hospitalist
The U.S. Department of Justice has opted to intervene in a whistleblower lawsuit against IPC the Hospitalist, Inc. – a nationwide group of physicians focused on the practice of the “delivery of hospital medicine and related facility-based services.” According to the allegations, IPC has engaged in the consistent practice of […]
While healthcare fraud remains a top priority for the Department of Justice and other governmental agencies, several other areas of fraud are also on the rise – including misconduct against the Internal Revenue Service, Securities and Exchange Commission, and the Commodities Futures Trading Commission. All of these agencies recently implemented […]
Recently-Unsealed Healthcare Fraud Case Reveals Whistleblowers Not Always Former Employee; Competitor Files Suit
It is often believed that in order to satisfy the False Claims Act’s “original source” requirement, one must be a former employee, patient, or colleague of the alleged fraudulent party. However, as today’s case illustrates, a whistleblower can be anyone – including a competitor. In a case unsealed late March […]
Hospice Center Home Health Care, Inc. Faces Massive Liability Under False Claims Act
Earlier this month, the Department of Justice filed its complaint in a multi-million dollar Medicare fraud case perpetuated by now-defunct Home Care Hospice, Inc. – an organization also facing significant criminal penalties and fines for its role in siphoning large sums of money away from Medicare patients in need of […]