When Employment Law and Law Enforcement Intersect

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "When Employment Law and Law Enforcement Intersect"

Transcription

1 When Employment Law and Law Enforcement Intersect Joe H. Tucker, Jr. V. Amanda Witts Tucker Law Group LLC One Penn Center at Suburban Station, Suite 1700 Philadelphia, PA (215)

2 Joe H. Tucker, Jr., the founder and managing partner of Tucker Law Group LLC in Philadelphia, has tried more than 75 cases to jury verdict in state and federal court. Always well prepared and instinctive, Mr. Tucker has yet to lose a federal jury trial. He is AV-rated by Martindale-Hubbell and, from 2007 through 2011, has been recognized as a Pennsylvania Super Lawyer. His law firm handles a range of matters from employment discrimination to personal and complex commercial disputes. V. Amanda Witts is an associate at the Tucker Law Group.

3 When Employment Law and Law Enforcement Intersect Table of Contents I. Introduction II. Recent Case Developments A. The Dodd-Frank Act, 111 P.L. 203, 124 Stat B. The Sarbanes-Oxley Act, 107 P.L. 204, 116 Stat C. The False Claims Act, 31 U.S.C When Employment Law and Law Enforcement Intersect Tucker and Witts 239

4

5 When Employment Law and Law Enforcement Intersect I. Introduction Retaliation has always been a hot topic in the Employment Litigation arena. Employees frequently use retaliation as a basis for bringing an employment discrimination action against an employer. Most significantly, courts have been reticent to dismiss retaliation claims. With the addition of new anti-retaliation provisions and recent case law interpreting the anti-retaliation provisions under the Dodd-Frank, the Sarbanes-Oxley, and the False Claims Acts, employers and corporations can expect a surge in litigation premised on retaliation. In fact, the stakes will now be greater than ever. II. Recent Case Developments A. The Dodd-Frank Act, 111 P.L. 203, 124 Stat The Dodd-Frank Wall Street Reform and Consumer Act was signed into law on July 21, On the face of the statute, its purpose is described is to promote the financial stability of the United Stated by improving accountability and transparency in the financial system, to end too big to fail, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes. The Act, passed in response to the recent recession, has been described as the most comprehensive set of financial regulatory reform measures since the Great Depression. Spanning well over eight hundred pages, the Act reforms corporate governance and executive compensation, imposes new registration requirements for hedge funds and private equity fund advisors, heightens regulation of over-the-counter derivatives and asset-backed securities, and changes the authority of regulatory agencies. New changes are expected to the Dodd-Frank Act as the Commodity Futures Trading Commission will soon vote on a rule that will heavily regulate the swaps market. Egan v. TradingScreen, Inc., No , 2011 U.S. Dist. LEXIS (S.D.N.Y. May 4, 2011) Egan involves a former employee informing the company s President that the CEO was diverting company assets into another company owned by the CEO. The President and independent members of the Board of Directors launched an internal investigation and confirmed Plaintiff s allegations. Despite the truth of the allegations, the CEO managed to gain control of the board and fired Plaintiff, denying him of the company s customary severance package. Plaintiff brought suit against his former employer, alleging violations of the Dodd-Frank Act, Securities Exchange Act of 1933, and Delaware law. In deciding whether to grant Defendants motion to dismiss, the Court addressed whether the Dodd-Frank Act s anti-retaliation provisions required disclosures to the SEC and whether it is sufficient under the Dodd-Frank Act that information provided to attorneys retained by independent directors was ultimately reported to the SEC. The anti-retaliation provision of the Act defines a whistleblower as any individual who provides information relating to a violation of the securities law to the Commission in a manner established, by rule or regulation, by the Commission. Citation? The Act further protects individuals who make disclosures in one of four categories: 1) the Sarbanes-Oxley Act; 2) the Exchange Act; 3) 18 U.S.C. 1513(e); and 4) any other law, rule, or regulation subject to the SEC. The Court held that the anti-retaliation whistleblower provision of the Act requires plaintiffs to show they provided information to the SEC or fell under one of the four enumerated categories. Because, in Egan, Plaintiff did not make disclosures protected under the Sarbanes-Oxley Act, the Dodd-Frank Act s antiretaliation provisions offered no protection. When Employment Law and Law Enforcement Intersect Tucker and Witts 241

6 Plaintiff further argued that even if the Dodd-Frank Act required reporting to the SEC, the whistleblower provisions protect him because he acted jointly with outside attorneys to report the information to the SEC. Defendants argued that the Act did not protect Plaintiff because he was not an integral participant in the investigation efforts. The Court held that Plaintiff adequately pled that he acted jointly with attorneys in investigating the wrongdoing. Further, nothing in the plain language of the Dodd-Frank Act suggested that the individual working with the attorney need to have led the investigative efforts; rather, he must have at least acted with others in the reporting. The Court granted Plaintiff leave to amend his complaint to make the appropriate allegations. As the first case to interpret the scope of the Dodd-Frank Act s whistleblower anti-retaliation protections, Egan was integral. Egan establishes that simply reporting violations does not necessarily afford an individual the protections of the whistleblower anti-retaliation provisions of the Dodd-Frank Act. The whistleblower must, instead, carefully comply with the requirements set forth under the Act. B. The Sarbanes-Oxley Act, 107 P.L. 204, 116 Stat. 745 On July 30, 2002, the Sarbanes-Oxley Act of 2002 became law. The Act s stated purpose is to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes. The Sarbanes-Oxley Act was enacted in response to major corporate and accounting scandals, including the Enron, WorldCom, and Tyco International scandals. The Act is divided into eleven sections, including Corporate Responsibility, Auditor Independence, White Collar Crime Penalty Enhancement, and Corporate and Criminal Fraud Accountability. The Sarbanes-Oxley Act has been lauded for encouraging transparency and responsibility amongst top level management and employees. Vannoy v. Celanese Corp., ARB Case No (Sept. 28, 2011) In Vannoy, the Administrative Review Board ( ARB ) reversed the Administrative Law Judge s ( ALJ ) ruling that Plaintiff could not rely on the whistleblower protections of the Sarbanes-Oxley Act. Specifically, Plaintiff filed an internal complaint after discovering evidence of company credit card misuse. Plaintiff also filed an IRS complaint under its whistleblower rewards program. To assist with the investigation, Plaintiff secured confidential company documents. Defendant subsequently discovered that the Plaintiff ed himself confidential company documents containing personal information, including social security numbers for over 1,600 employees, in violation of the company s policy. As a result, Plaintiff was suspended without pay. Plaintiff in turn filed a complaint alleging a violation of the whistleblower protection provision of the Sarbanes-Oxley Act, which requires a plaintiff to establish that 1) Plaintiff engaged in protected activity or conduct under 1514A; 2) Defendant took an adverse personnel action; and 3) Plaintiff s protected activity was a contributing factor in Defendant s adverse personnel action. The ALJ dismissed Plaintiff s complaint, finding that he failed to allege definitive violations by Defendant or conduct that amounted to actual fraud. The ALJ further found that the IRS is not a federal regulatory or law enforcement agency as contemplated under 1514A and that Plaintiff did not suffer an unfavorable personnel action due to protected activity. The ARB reversed the ALJ s determination, holding that Plaintiff s reasonable belief that Defendant s actions were in noncompliance with federal securities law and fraud was adequate. The ARB further found that the Act imposed no limitation that precluded the IRS from being a federal regulatory or law enforcement agency as contemplated by the Act. Lastly, the ARB found that Plaintiff suffered an adverse employment action, stating that an adverse employment action is simply an unfavorable employment action, not necessarily retaliatory or illegal. The case was remanded for a determination of whether Plaintiff s protected activity was causally related to Defendant s adverse personnel action. 242 Employment and Labor Law Seminar May 2012

7 Vannoy acted to broaden the protections afforded under the whistleblower anti-retaliation provisions of the Sarbanes-Oxley Act. C. The False Claims Act, 31 U.S.C The False Claims Act (FCA), often referred to as the Lincoln Law, was first passed in The FCA imposes liability on entities and individuals who improperly receive payment from or avoid payment to the Federal Government. In 1986, Amendments were passed to strengthen the FCA. Such amendments included increasing rewards for qui tam plaintiffs and adding protection for whistleblowers, including double back pay and special damages. The Fraud Enforcement and Recovery Act of 2009, later passed, was the most significant amendments since the 1986 Amendments. The Fraud and Enforcement Recovery Act successfully expanded the scope of liability, increased protection in qui tam/realtor actions beyond employees to contractors and independent agents and expanded conspiracy liability for any violation of the False Claims Act. United States ex rel. Bartz v. Ortho-McNeil Pharm., Inc., No , 2012 U.S. Dist. LEXIS (D. Mass. Mar. 2, 2012) Plaintiff, a former employee of one of the defendants, Ortho-McNeil-Janssen Pharmaceuticals, Inc., initiated a qui tam action alleging violations of the FCA. Plaintiff claimed that he was demoted and ultimately terminated after he confronted corporation executives with allegations of wrongdoing, including manipulation of rebate amounts owed to the Federal Government under Medicaid, the false reporting of the Average Manufacture Price and Best Price of certain drugs, and the payment of kickbacks to nursing home drug purchasers. The FCA protects employees from being discharged, demoted or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee in furtherance of an [FCA] action. To successfully set forth an FCA retaliation claim, an individual must demonstrate: 1) the employee engaged in conduct protected under the FCA; 2) the employer knew employee was engaging in the conduct; and 3) the employer discriminated against the employee because of the protected conduct. In the instant matter, Plaintiff alleged that Defendants retaliated against him by demoting, harassing, and terminating his employment after he complained about inaccurate data and the Sarbanes-Oxley Act violations. Conversely, Defendants argued that Plaintiff was not entitled to whistleblower protection because he did not make Defendants aware of his FCA claims. The Court found that Defendants argument misstated the requirements of an FCA retaliation claim, as the issue is not whether the employee informed the employer of the exact nature of the investigative activities, but rather whether the employer knew of (or suspected) the employee s disloyal acts and punished him accordingly. The Court found that Plaintiff s allegations were sufficient to meet the pleading standard for a retaliation claim under the FCA. This case clearly demonstrates that courts are understandably reluctant to set an insurmountable pleading requirement in qui tam actions. When Employment Law and Law Enforcement Intersect Tucker and Witts 243

8

A summary of administrative remedies found in the Program Fraud Civil Remedies Act

A summary of administrative remedies found in the Program Fraud Civil Remedies Act BLACK HILLS SPECIAL SERVICES COOPERATIVE'S POLICY TO PROVIDE EDUCATION CONCERNING FALSE CLAIMS LIABILITY, ANTI-RETALIATION PROTECTIONS FOR REPORTING WRONGDOING AND DETECTING AND PREVENTING FRAUD, WASTE

More information

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005 POLICY/PROCEDURE NO.: B-17 Effective date: Jan. 1, 2007 Date(s) of review/revision: Nov. 1, 2015 Policies and Procedures: WVUPC Policy Pursuant to the Requirements of the Deficit Reduction Act of 2005

More information

Compliance with False Claims Act

Compliance with False Claims Act MH Policy and Procedure Document Number: MH-COMPLY-001 Document Owner: Corporate Compliance Officer Date Last Author: Corporate Compliance Officer General Description Purpose: To establish written guidelines

More information

South Carolina s Statutory Whistleblower Protections. A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms

South Carolina s Statutory Whistleblower Protections. A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms South Carolina s Statutory Whistleblower Protections A Review for SC Qui Tam Attorneys, SC Whistleblower Lawyers & SC Fraud Law Firms South Carolina whistleblowers who are employed by a South Carolina

More information

Whistleblower Provisions of the Dodd-Frank Act. Agenda. Dodd-Frank Act 9/13/2010

Whistleblower Provisions of the Dodd-Frank Act. Agenda. Dodd-Frank Act 9/13/2010 Whistleblower Provisions of the Dodd-Frank Act Jason M. Zuckerman The Employment Law Group Law Firm Tel: 202.261.2810 Fax: 202.261.2835 jzuckerman@employmentlawgroup.com www.employmentlawgroup.com Agenda

More information

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure

55144-1-5 Page: 1 of 5. Pharmacy Fraud, Waste and Abuse Policy. 1.0 Compliance Assurance. 2.0 Procedure Pharmacy Fraud, Waste and Abuse Policy 1.0 Compliance Assurance This Fraud Waste and Abuse Policy ( Policy ) reiterates the commitment of this pharmacy to comply with the standards of conduct established

More information

THE AMERICAN LAW INSTITUTE Continuing Legal Education Advanced Employment Law and Litigation 2015 March 26-28, 2015 Washington, D.C.

THE AMERICAN LAW INSTITUTE Continuing Legal Education Advanced Employment Law and Litigation 2015 March 26-28, 2015 Washington, D.C. 1349 THE AMERICAN LAW INSTITUTE Continuing Legal Education Advanced Employment Law and Litigation 2015 March 26-28, 2015 Washington, D.C. Whistleblower Litigation By Debra S. Katz Katz, Marshall & Banks,

More information

MERIDIAN HEALTH ADMINISTRATIVE POLICIES AND PROCEDURES

MERIDIAN HEALTH ADMINISTRATIVE POLICIES AND PROCEDURES ADMINISTRATIVE POLICIES AND PROCEDURES DISTRIBUTION: MERIDIAN TEAM AND BOARD MEMBERS; ALL DIVISIONS, CONTRACTORS AND AGENTS SUBJECT: COMPLIANCE WITH AWARENESS OF FALSE CLAIMS LIABILITY, ANTI-RETALIATION

More information

Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG

Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG THE PRACTICING LAW INSTITUTE: FINANCIAL SERVICES INDUSTRY REGULATORY COMPLIANCE & ETHICS FORUM 2014 Legal Ethics: THE LAWYER S ROLE WHEN SOMETHING GOES WRONG October 29, 2014 Lawyers As Whistleblowers

More information

False Claims Act NUMBER NH-LD-CP-220 Last Revised/Reviewed TITLE. Apr13. LD, CP Corporate Wide TJC FUNCTIONS APPLIES TO I.

False Claims Act NUMBER NH-LD-CP-220 Last Revised/Reviewed TITLE. Apr13. LD, CP Corporate Wide TJC FUNCTIONS APPLIES TO I. ADMINISTRATIVE TITLE False Claims Act NUMBER NH-LD-CP-220 Last Revised/Reviewed Effective Date: TJC FUNCTIONS APPLIES TO LD, CP Corporate Wide Apr13 I. SCOPE / PURPOSE It is the policy of Novant Health

More information

Accountability Report Card Summary 2013 New Mexico

Accountability Report Card Summary 2013 New Mexico Accountability Report Card Summary 2013 New Mexico New Mexico has a pretty strong state whistleblower law: Scoring 72 out of a possible 100 points; Ranking 4 th out of 51 (50 states and the District of

More information

WHAT YOU NEED TO KNOW ABOUT THE SEC S WHISTLEBLOWER RULES: Regulations. Presented By Daniel J. Dunne May 18, 2012

WHAT YOU NEED TO KNOW ABOUT THE SEC S WHISTLEBLOWER RULES: Regulations. Presented By Daniel J. Dunne May 18, 2012 WHAT YOU NEED TO KNOW ABOUT THE SEC S WHISTLEBLOWER RULES: Dodd-Frank and the SEC s Whistleblower Regulations Presented By Daniel J. Dunne May 18, 2012 Dodd-Frank Wall Street Reform and Consumer Protection

More information

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual

HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual HACKENSACK UNIVERSITY MEDICAL CENTER Administrative Policy Manual Fraud and Abuse Prevention DRA Compliance Policy #: 1521 Original Issue: December, 2007 Page 1 of 6 Policy It is the policy of Hackensack

More information

Prevention of Fraud, Waste and Abuse

Prevention of Fraud, Waste and Abuse Procedure 1910 Responsible Office: Yale Medical Group Effective Date: 01/01/2007 Responsible Department: Administration Last Revision Date: 09/20/2013 Prevention of Fraud, Waste and Abuse Policy Statement...

More information

To: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center

To: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center To: All Vendors, Agents and Contractors of Hutchinson Regional Medical Center From: Corporate Compliance Department Re: Deficit Reduction Act of 2005 Dear Vendor/Agent/Contractor: Under the Deficit Reduction

More information

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10

Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs. Area Manual: Corporate Compliance Page: Page 1 of 10 Title: Preventing and Reporting Fraud, Waste and Abuse in Federal Health Care Programs Area Manual: Corporate Compliance Page: Page 1 of 10 Reference Number: I-70 Effective Date: 10/02 Contact Person:

More information

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS

METHODIST HEALTH SYSTEM ADMINISTRATIVE TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS METHODIST HEALTH SYSTEM ADMINISTRATIVE Formulated: 6/19/07 Reviewed: Revised: Effective: 10/30/07 TITLE: DETECTING FRAUD AND ABUSE AND AN OVERVIEW OF THE FEDERAL AND STATE FALSE CLAIMS ACTS PURPOSE: Methodist

More information

The Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP

The Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP The Whistleblower Stampede And The New FCA Litigation Paradigm Richard L. Shackelford King & Spalding LLP Actions under the qui tam provisions of the False Claims Act ( FCA ), 31 U.S.C. 3730(b)-(h), are

More information

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE

FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL LAWS RELATING TO FRAUD, WASTE AND ABUSE FEDERAL CIVIL FALSE CLAIMS ACT The federal civil False Claims Act, 31 U.S.C. 3729, et seq., ( FCA ) was originally enacted in 1863 to combat fraud perpetrated

More information

NORTHCARE NETWORK. POLICY TITLE: Deficit Reduction Act (DRA) EFFECTIVE DATE: 1/1/15 REVIEW DATE: New Policy

NORTHCARE NETWORK. POLICY TITLE: Deficit Reduction Act (DRA) EFFECTIVE DATE: 1/1/15 REVIEW DATE: New Policy NORTHCARE NETWORK POLICY TITLE: Deficit Reduction Act (DRA) EFFECTIVE DATE: 1/1/15 REVIEW DATE: New Policy RESPONSIBLE PARTY: Chief Executive Officer/Compliance Officer CATEGORY: Compliance BOARD APPROVAL

More information

OSF HEALTHCARE FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTIONS

OSF HEALTHCARE FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTIONS OSF HEALTHCARE FALSE CLAIMS PREVENTION AND WHISTLEBLOWER PROTECTIONS POLICY: CC-109 It is the policy of OSF HealthCare (OSF) that false, inaccurate or improper claims will not be submitted to any payer.

More information

Corporate Litigation:

Corporate Litigation: Corporate Litigation: Dodd-Frank and Whistleblower Protection: Who Qualifies? JOSEPH M. MCLAUGHLIN * SIMPSON THACHER & BARTLETT LLP AUGUST 8, 2013 Among the 2,319 pages of the Dodd-Frank Wall Street Reform

More information

UPDATED. OIG Guidelines for Evaluating State False Claims Acts

UPDATED. OIG Guidelines for Evaluating State False Claims Acts UPDATED OIG Guidelines for Evaluating State False Claims Acts Note: These guidelines are effective March 15, 2013, and replace the guidelines effective on August 21, 2006, found at 71 FR 48552. UPDATED

More information

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9

NewYork-Presbyterian Hospital Sites: All Centers Hospital Policy and Procedure Manual Number: D160 Page 1 of 9 Page 1 of 9 TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005 FRAUD AND ABUSE PROVISIONS POLICY: NewYork- Presbyterian Hospital (NYP or the Hospital) is committed to preventing and detecting any fraud, waste,

More information

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures

Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures CATHOLIC CHARITIES OF THE ROMAN CATHOLIC DIOCESE OF SYRACUSE, NY and TOOMEY RESIDENTIAL AND COMMUNITY SERVICES Compliance Plan False Claims Act & Whistleblower Provisions Purpose/Policy/Procedures Purpose:

More information

ADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS

ADMINISTRATIVE POLICY SECTION: CORPORATE COMPLIANCE Revised Date: 2/26/15 TITLE: FALSE CLAIMS ACT & WHISTLEBLOWER PROVISIONS Corporate Compliance Plan AD-819-0 Reporting of Compliance Concerns & Non-retaliation AD-807-0 Compliance Training Policy CFC ADMINISTRATIVE POLICY AD-819-1 SECTION: CORPORATE COMPLIANCE Revised Date:

More information

TESTIMONY OF THE DEPARTMENT OF THE ATTORNEY GENERAL TWENTY-SIXTH LEGISLATURE, 2012

TESTIMONY OF THE DEPARTMENT OF THE ATTORNEY GENERAL TWENTY-SIXTH LEGISLATURE, 2012 SB2730 TESTIMONY OF THE DEPARTMENT OF THE ATTORNEY GENERAL TWENTY-SIXTH LEGISLATURE, 2012 ON THE FOLLOWING MEASURE: S.B. NO. 2730, RELATING TO FALSE CLAIMS TO THE STATE. BEFORE THE: SENATE COMMITTEE ON

More information

North Shore LIJ Health System, Inc.

North Shore LIJ Health System, Inc. North Shore LIJ Health System, Inc. POLICY TITLE: Detecting and Preventing Fraud, Waste, Abuse and Misconduct POLICY #: 800.09 System Approval Date: 6/23/14 Site Implementation Date: Prepared by: Office

More information

Fraud, Waste and Abuse Prevention and Education Policy

Fraud, Waste and Abuse Prevention and Education Policy Corporate Compliance Fraud, Waste and Abuse Prevention and Education Policy The Compliance Program at the Cortland Regional Medical Center (CRMC) demonstrates our commitment to uphold all federal and state

More information

Deficit Reduction Act Employee Information Requirements

Deficit Reduction Act Employee Information Requirements November 9, 2006 Deficit Reduction Act Employee Information Requirements The Deficit Reduction Act ( DRA ) requires states participating in the Medicaid program to amend their State Plans to mandate that

More information

Summary: The Organization directs its activities in full compliance with Federal, State and Local laws and regulations.

Summary: The Organization directs its activities in full compliance with Federal, State and Local laws and regulations. Sunrise Community, Inc. and Affiliates, the Organization, shall comply with Section 6032 of the Deficit Reduction Act of 2005. The Whistleblower Protection Policy is designed to encourage and enable directors,

More information

A Whistleblowers Journey

A Whistleblowers Journey A Whistleblowers Journey John W Schilling EthicSolutions LLC Health Care Fraud Medicare spending in FY 2008 exceeded $450 billion According to Taxpayers Against Fraud (TAF), the U.S. Government estimates

More information

Whistleblower Litigation. Debra S. Katz David J. Marshall Katz, Marshall & Banks, LLP Washington, D.C.

Whistleblower Litigation. Debra S. Katz David J. Marshall Katz, Marshall & Banks, LLP Washington, D.C. 1 THE AMERICAN LAW INSTITUTE Continuing Legal Education Whistleblower Litigation Under SOX and Dodd-Frank: Key Issues for Employers and Employees August 5, 2014 Video Webcast Whistleblower Litigation By

More information

The Brody School of Medicine Policy and Procedure Manual

The Brody School of Medicine Policy and Procedure Manual I. Purpose The purpose of this policy is to inform all employees, contractors, and agents of the Brody School of Medicine ( BSOM ) about (i) the federal False Claims Act; (ii) North Carolina Medical Assistance

More information

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the District of Columbia Procurement Practices Act of 1985 to make the District s false claims act consistent with federal law and thereby qualify

More information

This policy applies to UNTHSC employees, volunteers, contractors and agents.

This policy applies to UNTHSC employees, volunteers, contractors and agents. Policies of the University of North Texas Health Science Center 3.102 Detecting and Responding to Fraud, Waste and Abuse Chapter 3 Compliance Policy Statement UNTHSC developed and implemented a Compliance

More information

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112

Behavioral Healthcare, Inc. 155 Inverness Drive West Suite 201 Englewood, CO 80112 1 of 6 I. Policy: It is the policy of Behavioral Healthcare, Inc. (BHI) that all employees (including management, consultants, contractors, and other agents) shall comply with all applicable Federal and

More information

USC Office of Compliance

USC Office of Compliance PURPOSE This policy complies with requirements under the Deficit Reduction Act of 2005 and other federal and state fraud and abuse laws. It provides guidance on activities that could result in incidents

More information

POLICY AND PROCEDURES MANUAL FRAUD, WASTE, AND ABUSE

POLICY AND PROCEDURES MANUAL FRAUD, WASTE, AND ABUSE Page Number: 1 of 7 TITLE: PURPOSE: FRAUD, WASTE, AND ABUSE The Harris County Hospital District implemented a Corporate Compliance Program in an effort to establish effective internal controls that promote

More information

Internal Investigations of Whistleblower Complaints and Dealing with the Whistleblower Employee Bob Rhoad Kris Meade

Internal Investigations of Whistleblower Complaints and Dealing with the Whistleblower Employee Bob Rhoad Kris Meade Fox in the Hen House Internal Investigations of Whistleblower Complaints and Dealing with the Whistleblower Employee Bob Rhoad Kris Meade Whistleblowing Growth Industry in Healthcare Healthcare Fraud Represents

More information

EDUCATION ABOUT FALSE CLAIMS RECOVERY

EDUCATION ABOUT FALSE CLAIMS RECOVERY Type: MGI Corporate Policy Number: M 700 Effective Date: June 2014 Supersedes: AP 201, 4/12 Revised: 6/14 EDUCATION ABOUT FALSE CLAIMS RECOVERY I. PURPOSE This policy is intended to ensure compliance with

More information

Federal and State Laws Relating to False Claims and False Statements

Federal and State Laws Relating to False Claims and False Statements Federal and State Laws Relating to False Claims and False Statements The federal False Claims Act, the federal Program Fraud Civil Remedies Act, New York State's False Claims Act and certain other New

More information

C O N F I D E N T I A L A N D P R O P R I E T A R Y. Page 1 of 7 Title: FRAUD, WASTE, AND ABUSE POLICY

C O N F I D E N T I A L A N D P R O P R I E T A R Y. Page 1 of 7 Title: FRAUD, WASTE, AND ABUSE POLICY Page 1 of 7 1. Purpose As a Company that does business with U.S. state and federal government health care programs (such as Medicare and Medicaid), Hill-Rom is required to maintain a system of policies

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL

More information

Colorado West HealthCare System Grand Junction, CO

Colorado West HealthCare System Grand Junction, CO Policy Title: Effective Date: 1/30/2008 Supersedes Date: N/A Colorado West HealthCare System Grand Junction, CO CWHS-WIDE POLICY FALSE CLAIMS ACT Responsible Departments: All Departments Administration

More information

Dodd-Frank for Foreign Financial Institutions and Publicly Traded Companies in the U.S.: An Update

Dodd-Frank for Foreign Financial Institutions and Publicly Traded Companies in the U.S.: An Update Dodd-Frank for Foreign Financial Institutions and Publicly The Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank ), which was signed into law by President Obama on July 21, 2010, launched

More information

Last Approval Date: May 2008. Page 1 of 12 I. PURPOSE

Last Approval Date: May 2008. Page 1 of 12 I. PURPOSE Page 1 of 12 I. PURPOSE The purpose of this policy is to comply with the requirements in Section 6032 of the Deficit Reduction Act of 2005 (the DRA ), which amends Section 1902(a) of the Social Security

More information

Whistleblower Retaliation & Qui Tam Litigation Successfully Litigating False Claim Act Claims

Whistleblower Retaliation & Qui Tam Litigation Successfully Litigating False Claim Act Claims Whistleblower Retaliation & Qui Tam Litigation Successfully Litigating False Claim Act Claims Amy Walker Wagner Partner, Stone & Magnanini LLP Short Hills, NJ A live 90-minute CLE webinar with interactive

More information

Coffee Regional Medical Center FALSE CLAIMS EDUCATION

Coffee Regional Medical Center FALSE CLAIMS EDUCATION Policy/Procedure Department Administration Effective 08/15/2008 Scope Organization Cross Reference Review Date 08/14/2008,12/18/2013 Revision History Signatures Date 12/18/2013 Prepared by Lavonda Cravey

More information

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE

NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE NOYES HEALTH ADMINISTRATION POLICY/PROCEDURE SUBJECT: DETECTION AND PREVENTION OF POLICY: 200.161 FRAUD, WASTE, AND ABUSE EFFECTIVE DATE: June, 2012 ISSUED BY: Administration TJC REF: None PAGE: 1 OF 5

More information

Accountability Report Card Summary 2013 Pennsylvania

Accountability Report Card Summary 2013 Pennsylvania Accountability Report Card Summary 2013 Pennsylvania Pennsylvania has a passable state whistleblower law: Scoring 61 out of a possible 100; Ranking 17 th out of 51 (50 states and the District of Columbia).

More information

Corporate Compliance Policy Concerning the False Claims Acts, Anti- Retaliation Protections, and Detecting and Responding to Fraud

Corporate Compliance Policy Concerning the False Claims Acts, Anti- Retaliation Protections, and Detecting and Responding to Fraud PAGE NUMBER: 1 of 16 ACCOUNTABILITY: President and Chief Executive Officer OBJECTIVES: RELATION TO MISSION: Our Lady of Lourdes Health Care Services, Inc. ( OLLHCS, Inc. ), a Catholic health system and

More information

CAPITAL REGION MEDICAL CENTER ADMINISTRATIVE POLICY MANUAL

CAPITAL REGION MEDICAL CENTER ADMINISTRATIVE POLICY MANUAL CAPITAL REGION MEDICAL CENTER ADMINISTRATIVE POLICY MANUAL ARTICLE: 5 SECTION: B SUBJECT: Leadership NUMBER: 79 DATE: January 1, 2007 SUPERSEDES Policy No. Dated: REVIEWED: March 24, 2010 PURPOSE The purpose

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS False Claims Act (31 USC 3729-3733) The False Claims Act ("FCA") provides, in pertinent part, that: (a) Any person who (1) knowingly

More information

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007

VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL ORIGINAL EFFECTIVE DATE: JANUARY 1, 2007 VILLAGECARE CORPORATE COMPLIANCE POLICY AND PROCEDURE MANUAL SUBJECT: COMPLIANCE WITH FEDERAL AND STATE FALSE CLAIMS LAWS AND DETECTION AND PREVENTION OF FRAUD, WASTE AND ABUSE LAST POLICY REVISION EFFECTIVE

More information

Minimizing Your Risks Under the Dodd-Frank Whistleblower Provisions

Minimizing Your Risks Under the Dodd-Frank Whistleblower Provisions Minimizing Your Risks Under the Dodd-Frank Whistleblower Provisions Rosemary Alito Carol Elder Bruce Matt T. Morley November 11, 2010 Copyright 2010 by K&L Gates LLP. All rights reserved. Dodd-Frank Whistleblower

More information

Accountability Report Card Summary 2013 Tennessee

Accountability Report Card Summary 2013 Tennessee Accountability Report Card Summary 2013 Tennessee Tennessee has one of the strongest state whistleblower laws: Scoring 75 out of a possible 100; Ranking 3 rd out of 51 (50 states and the District of Columbia).

More information

A Bill Regular Session, 2015 SENATE BILL 830

A Bill Regular Session, 2015 SENATE BILL 830 Stricken language would be deleted from and underlined language would be added to present law. State of Arkansas 90th General Assembly A Bill Regular Session, 2015 SENATE BILL 830 By: Senator D. Sanders

More information

Accountability Report Card Summary 2013 Massachusetts

Accountability Report Card Summary 2013 Massachusetts Accountability Report Card Summary 2013 Massachusetts Massachusetts has a relatively good state whistleblower law: Scoring 64 out of a possible 100 points; and Ranking 11 th out of 51 (50 states and the

More information

Policies and Procedures SECTION:

Policies and Procedures SECTION: PAGE 1 OF 5 I. PURPOSE The purpose of this Policy is to fulfill the requirements of Section 6032 of the Deficit Reduction Act of 2005 by providing to Creighton University employees and employees of contractors

More information

Georgia Society of CPAs North Perimeter Chapter A 2015 User Guide for Employers

Georgia Society of CPAs North Perimeter Chapter A 2015 User Guide for Employers Georgia Society of CPAs North Perimeter Chapter A 2015 User Guide for Employers Presented by: AGG s Employment Law and Securities and Corporate Governance Teams February 17, 2015 How to Prepare for the

More information

New Law Extends Georgia False Claims Liability to Non- Medicaid Claims Significant Revisions Also Made to Existing State False Medicaid Claims Act

New Law Extends Georgia False Claims Liability to Non- Medicaid Claims Significant Revisions Also Made to Existing State False Medicaid Claims Act May 15, 2012 New Law Extends Georgia False Claims Liability to Non- Medicaid Claims Significant Revisions Also Made to Existing State False Medicaid Claims Act Introduction On April 16, 2012, Georgia Governor

More information

FLORIDA SARBANES OXLEY ACT

FLORIDA SARBANES OXLEY ACT FLORIDA SARBANES OXLEY ACT What a Whistleblower Needs to Know Corporations have a legal and moral obligation to both their employees and their investors to ensure that the company is both profitable and

More information

CORPORATE COMPLIANCE: BILLING & CODING COMPLIANCE

CORPORATE COMPLIANCE: BILLING & CODING COMPLIANCE SUBJECT: CORPORATE COMPLIANCE: BILLING & CODING COMPLIANCE MISSION: Quality, honesty and integrity, in everything we do, are important values to all of us who are associated with ENTITY NAME ( ENTITY NAME

More information

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions

HERITAGE FARM POLICY AND PROCEDURES. Policy: False Claims Act and Whistleblower Provisions HERITAGE FARM POLICY AND PROCEDURES Policy: False Claims Act and Whistleblower Provisions Date: October 8, 2013 Rationale: It is Heritage Farm s intent to make sure all claims are submitted in a timely

More information

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery

Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery DMH S&P No. 1 Revision No. N/A Effective Date: 01/01/07 COMPLIANCE STANDARD: Deficit Reduction Act of 2005 6032 Employee Education About False Claims Recovery BACKGROUND AND PURPOSE As stated in its Directive

More information

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572

SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 SOUTH NASSAU COMMUNITIES HOSPITAL One Healthy Way, Oceanside, NY 11572 POLICY TITLE: Compliance with Applicable Federal and State False Claims Acts POLICY NUMBER: OF-ADM-232 DEPARTMENT: Hospital-wide CROSS-REFERENCE:

More information

ADMINISTRATION POLICY MEMORANDUM

ADMINISTRATION POLICY MEMORANDUM ADMINISTRATION POLICY MEMORANDUM POLICY TITLE: FRAUD AND ABUSE POLICY NUMBER: JCAHO FUNCTION AREA: POLICY APPLICABLE TO: POLICY EFFECTIVE DATE: POLICY REVIEWED: MCH-1083 Leadership All Employees January

More information

POLICY ON THE FALSE CLAIMS ACTS

POLICY ON THE FALSE CLAIMS ACTS EAST ORANGE GENERAL HOSPITAL COMPLIANCE POLICY Title: Policy on The False Claims Acts Code No.: Section: Corporate Compliance Effective Date: March 1, 2015 Approved by: Compliance Officer Publication Status:

More information

TENNCARE POLICY MANUAL

TENNCARE POLICY MANUAL TENNCARE POLICY MANUAL Policy No: Pl 08-001 (Rev. 4) Subject: False Claims Act Policy Approval: Date: PURPOSE OF POLICY STATEMENT: The Bureau of TennCare is committed to its role in preventing health care

More information

VNSNY CORPORATE. DRA Policy

VNSNY CORPORATE. DRA Policy VNSNY CORPORATE DRA Policy TITLE: FEDERAL DEFICIT REDUCTION ACT OF 2005: POLICY REGARDING THE DETECTION & PREVENTION OF FRAUD, WASTE AND ABUSE AND APPLICABLE FEDERAL AND STATE LAWS APPLIES TO: VNSNY ENTITIES

More information

MONTEFIORE HEALTH SYSTEM ADMINISTRATIVE POLICY AND PROCEDURE SUBJECT: SUMMARY OF FEDERAL AND STATE NUMBER: JC31.1 FALSE CLAIMS LAWS

MONTEFIORE HEALTH SYSTEM ADMINISTRATIVE POLICY AND PROCEDURE SUBJECT: SUMMARY OF FEDERAL AND STATE NUMBER: JC31.1 FALSE CLAIMS LAWS MONTEFIORE HEALTH SYSTEM ADMINISTRATIVE POLICY AND PROCEDURE SUBJECT: SUMMARY OF FEDERAL AND STATE NUMBER: JC31.1 FALSE CLAIMS LAWS OWNER: DEPARTMENT OF COMPLIANCE EFFECTIVE: REVIEW/REVISED: SUPERCEDES:

More information

S. ll. To provide anti-retaliation protections for antitrust whistleblowers. IN THE SENATE OF THE UNITED STATES

S. ll. To provide anti-retaliation protections for antitrust whistleblowers. IN THE SENATE OF THE UNITED STATES OLL TH CONGRESS ST SESSION S. ll To provide anti-retaliation protections for antitrust whistleblowers. IN THE SENATE OF THE UNITED STATES llllllllll Mr. GRASSLEY (for himself and Mr. LEAHY) introduced

More information

Preparing for a Post Dodd Frank World

Preparing for a Post Dodd Frank World A Whistleblower in Your Midst: Preparing for a Post Dodd Frank World July 21, 2011 Amy L. Bess, Shareholder, Vedder Price P.C. Joseph M. Mannon, Of Counsel, Vedder Price P.C. Jeannette L. Lewis, Principal,

More information

SECTION XII: Fraud, Waste and Abuse

SECTION XII: Fraud, Waste and Abuse FRAUD AND ABUSE Arizona Revised Statute ARS 36-2918.01 requires providers to immediately report suspected fraud and abuse. Members or providers who intentionally deceive or misrepresent in order to obtain

More information

Upper Peninsula Health Plan Policy & Procedure

Upper Peninsula Health Plan Policy & Procedure Upper Peninsula Health Plan Policy & Procedure Index #: Effective: 01/01/07 Subject: State and Federal False Claims Revised: 05/18/11 Act, Whistleblower Protections CEO Approval: 01/01/07 Authorized By:

More information

False Claims Act CMP212

False Claims Act CMP212 False Claims Act CMP212 Colorado Access is committed to a culture of compliance in which its employees, providers, contractors, and consultants are educated and knowledgeable about their role in reporting

More information

Whistle While You Work? The Age of the Whistleblower

Whistle While You Work? The Age of the Whistleblower Attorney Advertising Prior results do not guarantee a similar outcome Models used are not clients but may be representative of clients 777 E. Wisconsin Ave, Milwaukee,WI 53202 414.271.2400 Whistle While

More information

False Claims Act and Qui Tam Lawsuits: Whistleblower Claims

False Claims Act and Qui Tam Lawsuits: Whistleblower Claims False Claims Act and Qui Tam Lawsuits: Whistleblower Claims FRAUD IS YOUR COMPANY TOO BIG TOO FALL? ENRON? enron the smartest guys in the room - Trailer.webm 2 False Claims Act Basics To state a claim,

More information

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS]

Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] Metropolitan Jewish Health System and its Participating Agencies and Programs [MJHS] POLICY PURSUANT TO THE FEDERAL DEFICIT REDUCTION ACT OF 2005: Detection and Prevention of Fraud, Waste, and Abuse and

More information

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures

COUNTY OF ORANGE. False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE False Claims Act and Whistleblower Provisions Policy and Procedures COUNTY OF ORANGE FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS POLICY AND PROCEDURES I. Purpose. The County of Orange

More information

The Nuances Of California s Revisions To Its False Claims Act

The Nuances Of California s Revisions To Its False Claims Act The Nuances Of California s Revisions To Its False Claims Act by Regina A. Verducci, Associate Watt, Tieder, Hoffar & Fitzgerald, L.L.P.* On September 27, 2012, California s Governor Brown signed Assembly

More information

policy (C) Deficit Reduction Act of 2005 and the Federal False Claims Act

policy (C) Deficit Reduction Act of 2005 and the Federal False Claims Act Name of Policy: Detecting and Preventing Fraud, Waste and Abuse Policy Number: 3364-15-02 Issuing Office: President Responsible Agent: Compliance/Privacy Officer Revision date: July 5, 2011 Original effective

More information

Your questions answered

Your questions answered Your questions answered You likely have many questions about the legal process and your individual case. We want you to be fully informed, so we are happy to answer them. If you have questions that are

More information

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act

HP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the

More information

Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection

Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection Commodity Futures Trading Commission Commodity Whistleblower Incentives and Protection (7 U.S.C. 26) i 26. Commodity whistleblower incentives and protection (a) Definitions. In this section: (1) Covered

More information

Alliance for Better Health Care, LLC

Alliance for Better Health Care, LLC Alliance for Better Health Care, LLC ORGANIZATIONAL POLICY FALSE CLAIMS ACT AND WHISTLEBLOWER PROVISIONS Page 1 of 5 EFFECTIVE DATE: NUMBER: March 2015 ORIGINATOR: Corporate Compliance Officer CONCURRENCE:

More information

Westlake Convalescent Hospital

Westlake Convalescent Hospital Title: False Claims Act Policy Manual: Administrative Policy Manual Category: Business function Approval Signatures: Westlake Convalescent Hospital Document #: Original Issue: 02/01/2006 Revision Date:

More information

Deficit Reduction Act Information for Employees, Contractors and Agents

Deficit Reduction Act Information for Employees, Contractors and Agents Nationally Ranked. Locally Trusted. Denver Health Deficit Reduction Act Information for Employees, Contractors and Agents EFFECTIVE DATE: DECEMBER 31, 2006 PAGE 1 OF 5 Purpose: Provide a written policy

More information

Avoiding Medicaid Fraud. Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations

Avoiding Medicaid Fraud. Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations Avoiding Medicaid Fraud Odyssey House of Utah Questions? Contact your Program Director or Emily Capito, Director of Operations MEDICAID FRAUD OVERVIEW Medicaid Fraud The Medicaid Program provides medical

More information

STATEN ISLAND UNIVERSITY HOSPITAL ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

STATEN ISLAND UNIVERSITY HOSPITAL ADMINISTRATIVE POLICY AND PROCEDURE MANUAL Page 1 of 10 POLICY: It is the obligation of the North Shore-Long Island Jewish Health System, Inc. 1 ( Health System ) and Staten Island University Hospital ( SIUH ) to prevent and detect any fraud, waste

More information

Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act

Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act Policy and Procedure: Corporate Compliance Topic: False Claims Act and Whistleblower Provisions, Deficit Reduction Act SCOPE OF POLICY This policy applies to all CFS employees, including trainees, volunteers,

More information

Practical Considerations for the Defense Upon Receiving Notice of a Whistleblower Claim

Practical Considerations for the Defense Upon Receiving Notice of a Whistleblower Claim American Bar Association Section of Labor and Employment Law Ninth Annual Conference Philadelphia, Pa. November 5, 2015 Practical Considerations for the Defense Upon Receiving Notice of a Whistleblower

More information

M INISTRY H EALTH CARE

M INISTRY H EALTH CARE M INISTRY H EALTH CARE CORPORATE POSITION STATEMENT TITLE: FRAUD AND ABUSE LAWS AND PROTECTIONS Origination Date: December, 2006 DRAFT/REV: December 7, 2007 Effective Date: January, 2007 Scope: Ministry

More information

EXECUTIVE SUMMARY Compliance Program and False Claims Recovery

EXECUTIVE SUMMARY Compliance Program and False Claims Recovery EXECUTIVE SUMMARY Compliance Program and False Claims Recovery INTRODUCTION: The Federal Deficit Reduction Act of 2005, also known as the DRA, requires that providers give their employees, medical staff,

More information

I. PURPOSE The purpose of this policy is to ensure University HealthCare Alliance ( UHA ) complies with Federal and California False Claims Acts.

I. PURPOSE The purpose of this policy is to ensure University HealthCare Alliance ( UHA ) complies with Federal and California False Claims Acts. Page 1 of 7 I. PURPOSE The purpose of this policy is to ensure University HealthCare Alliance ( UHA ) complies with Federal and California False Claims Acts. II. POLICY STATEMENT UHA will not knowingly

More information

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733)

FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS. 1) Federal False Claims Act (31 USC 3729-3733) FEDERAL & NEW YORK STATUTES RELATING TO FILING FALSE CLAIMS I. FEDERAL LAWS 1) Federal False Claims Act (31 USC 3729-3733) II. NEW YORK STATE LAWS A. CIVIL AND ADMINISTRATIVE LAWS 1) New York False Claims

More information

Securities Whistleblower Incentives and Protection

Securities Whistleblower Incentives and Protection Securities Whistleblower Incentives and Protection 15 USC 78u-6 (As added by P.L. 111-203.) 15 USC 78u-6 78u-6. Securities whistleblower incentives and protection (a) Definitions. In this section the following

More information

SCAN Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005

SCAN Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005 Health Plan Policy and Procedure Number: CRP-0067, False Claims Act & Deficit Reduction Act 2005 Approver Approval Stage Date Chris Zorn Approval Event (Authoring) 12/09/2013 Nancy Monk Approval Event

More information

Whistleblowers: Are You Prepared?

Whistleblowers: Are You Prepared? Whistleblowers: Are You Prepared? Jim Birch and Barrett Howell Monday, June 15, 2015, 4:15 p.m. Copyright 2014 by K&L Gates LLP. All rights reserved. SELECTED WHISTLEBLOWER LEGISLATION United States False

More information