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Showing 24 posts in Whistleblower Information.

The False Claims Act Under the Biden Administration

The False Claims Act Under the Biden Administration

With the arrival of the Biden Administration and new upper-level appointments in the Department of Justice ("DOJ"), the way the DOJ enforces False Claims Act ("FCA") cases may evolve. Over time, recovery and enforcement trends help to understand how different administrations approach FCA enforcement. More

Whistleblower Confidentiality: What You Need To Know

Whistleblower Confidentiality

Given the potential for retaliation from their employers and others, whistleblowers often understandably express concerns about protecting their identity when reporting potential wrongdoing. While whistleblowers file False Claims Act complaints under seal, which protects the whistleblowers' confidentiality for at least 60 days, it is very likely that, sooner or later, whistleblowers' identities will be made public. If the Government intervenes in a False Claims Act case, the seal will be lifted and the whistleblower's allegations will become publicly available. Similarly, if the Government declines to intervene in a False Claims Act case, and the whistleblower decides to continue to prosecute the case without Government involvement, the seal will be lifted, again making the whistleblowers' allegations public. More

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[UPDATED 2021] Can I Be Compensated For Being a Whistleblower?

One of the most common questions people have when they are considering whether to file a whistleblower lawsuit is whether any financial award is available to whistleblowers. In other words, can whistleblowers get paid? More

Why Do So Many False Claims Cases Settle Before Trial?

It is widely recognized that many more False Claims Act (FCA) cases settle than go to trial.[1] While it is difficult to determine the exact proportion of cases that settle vs. cases that are tried, comprehensive reports on FCA developments published semi-annually indicate about a 16:1 ratio of notable settlements to verdicts/ judgments.[2] More

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The Public Disclosure Bar

The False Claims Act qui tam provision allows private citizens to act as whistleblowers, and file a lawsuit on behalf of the government if they are aware of fraud taking place. These whistleblowers, or relators, are eligible to receive a portion of the money the government recovers if the lawsuit is successful.

It is important to note that the False Claims Act is designed to encourage people to report fraud that might otherwise go undetected; it is not designed to reward people who repeat allegations that have already been publicized. To that end, the False Claims Act includes language stipulating that the court will dismiss a case if substantially the same allegations contained therein were already publicly disclosed and the relator bringing the action is not an original source of the information. This section of the Act is commonly referred to as the "public disclosure bar". More

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Do I Have Enough Information To Be a Whistleblower?

If you have information about fraud being committed against the government, you might be considering whether you have enough information to state a claim under the False Claims Act. It can be challenging to know whether you have enough information to bring a qui tam suit, but generally, you need to meet the following requirements to successfully file a claim under the False Claims Act: More

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How the Government Gets Involved in False Claims Act Cases?

The False Claims Act (FCA) is designed to help prevent fraud against the federal government. The FCA allows the government to pursue claims against individuals or entities who defraud the government or government programs. More

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How Does the False Claims Act Retaliation Provision Work?

The False Claims Act (FCA) makes it illegal for organizations and individuals to use deception, misrepresentation and false claims to defraud the federal government. The FCA allows whistleblowers to file a lawsuit on behalf of the government and share in the government's recovery. More

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How the False Claims Act Protects Patient Safety

False or fraudulent claims in the healthcare industry deprive all citizens.  When government money is wasted on fraud, there is less to spend on providing legitimate care, and cost is borne by all taxpayers. The False Claims Act is designed to help prevent this type of fraud. Under the False Claims Act, it is illegal for medical providers to lie about billing or to submit falsified or false bills and claims. In addition, the False Claims Act allows whistleblowers to come forward with evidence of wrongdoing on the part of medical providers when fraud does occur. Under the act, whistleblowers can file a lawsuit on behalf of the government and may even be able to secure part of the recovery. More

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Can Whistleblowers Reveal Protected Health Information?

Reporting misconduct as a whistleblower requires evidence.  In the healthcare industry, providing evidence of misconduct can become complicated because of the Health Insurance Portability and Accountability Act's (HIPAA) Privacy Rule, which generally prohibits the disclosure of protected health information (PHI) – information that is useful, if not necessary, to effectively report healthcare fraud. HIPAA, however, provides an exception to the prohibition on the disclosure of PHI for whistleblowers.   More

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