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

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

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

Transcription

1 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 increasing exponentially. Although these cases have been the primary catalyst for the Department of Justice s fraud enforcement efforts for many years, the numbers of cases being filed today are significantly above historical levels. During 2011 more than 760 new FCA matters were commenced 1 and the dollars recovered in 2012 are on a record pace, including a $3 billion settlement of civil and criminal allegations by a major pharmaceutical company. 2 Statutory changes and case law developments in the last three years have weakened certain defenses historically available in FCA whistleblower cases, increased the exposure for whistleblower retaliation claims, and potentially expanded the number of potential relators. These legislative changes and case law developments will force defense counsel to employ new strategies in the defense of these cases. 1 See Fraud Statistics - Overview, Office of Pub. Affairs, U.S. Dep t of Justice, 2 See Press Release, Office of Pub. Affairs, U.S. Dep t of Justice, GlaxoSmithKline to Plead Guilty and Pay $3 Billion to Resolve Fraud Allegations and Failure to Report Safety Data (July 2, 2012), DMSLIBRARY

2 There is another critical change in the FCA healthcare landscape. Increasing numbers of FCA healthcare cases are proceeding without government intervention and are being actively litigated in jurisdictions all across the country. This is likely due to the confluence of several factors: the increasing number of cases being filed, the decreasing patience of federal judges with long, drawn-out investigations and the resulting impact on their dockets, and the increasing numbers of new relator s counsel moving into the FCA area from other areas of plaintiff s practice. FCA QUI TAM BACKGROUND The FCA allows a private party plaintiff -- called a relator -- to file a qui tam action on behalf of the United States against a defendant. 3 A whistleblower can be virtually anyone -- including a current or former employee, a customer or a competitor. They can be natural persons or corporations. Relators are required to file qui tam actions in federal district court under seal. The seal remains in place for at least 60 days. The U. S. Department of Justice ( DOJ ) must choose either (1) to intervene in the matter and take over the litigation, (2) to decline to intervene and allow the relator to pursue the litigation in the name of the United States, or (3) to dismiss the matter so that the relator cannot 3 31 U.S.C. 3730(b)(1). 2

3 pursue it (a relatively rare occurrence). 4 The DOJ regularly seeks lengthy extensions; and the willingness of courts to allow repeated extensions of the seal varies by federal district and by judge. During the time that a qui tam is under seal, DOJ has authority under the FCA to issue Civil Investigative Demands ( CIDs ) to gather documentary evidence and to depose witnesses. 5 DOJ also often relies upon subpoenas issued by the Office of Inspector General of the U.S. Department of Health and Human Services to gather documentary evidence. DOJ frequently seeks to finish its investigation while the qui tam action remains under seal and to reach a settlement before any active litigation occurs. Prior to filing a qui tam action, relators are required to disclose the substance of their allegations to DOJ. As a practical matter, counsel for qui tam relators generally contact the U.S. Attorney s Office for the district in which they intend to file and, at times, the DOJ Civil Fraud staff in Washington, D.C. to discuss the scope of their allegations and to begin the process of working with DOJ to investigate the case while the action remains under seal. The FCA allows DOJ to share with relators the documents and information received pursuant to a CID. 6 Relators generally recover from 15% to 25%, but not more than 25%, of the proceeds of the action (or settlement of the claim) when the government intervenes 4 31 U.S.C. 3730(b)(4), 3730(c)(2) U.S.C U.S.C. 3733(a)(1). 3

4 in the action. Relators generally recover from 25% to 30% of the total recovery when the government does not take over the case. A successful relator also recovers statutorily mandated attorney s fees and costs. 7 The FCA contains three key provisions relating to relators that often become a focus of investigation and/or litigation in qui tam actions. These are the antiretaliation, public disclosure and original source provisions. All three of these have been substantially amended within the past three years. Recent Key Statutory Amendments and Case Law Relating to Whistleblowers 1. Statutory Amendments Historically, a key provision for the defense has been 3730(e)(4), the public disclosure bar. Prior to significant amendments in the Affordable Care Act in 2010, this provision imposed an explicit jurisdictional bar to any action based upon the public disclosure of information from various government proceedings or reports, or from the news media. The public disclosure provision as revised by the Affordable Care Act currently reads as follows: (A) The court shall dismiss an action or claim under this section, unless opposed by the Government, if 7 31 U.S.C. 3730(d). 4

5 substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed-- (i) in a Federal criminal, civil, or administrative hearing in which the Government or its agent is a party; (ii) in a congressional, Government Accountability Office, or other Federal report, hearing, audit, or investigation; or (iii) from the news media, unless the action is brought by the Attorney General or the person bringing the action is an original source of the information. 8 The provision no longer expressly references jurisdiction, and the court is not required to dismiss a relator s action if the government opposes a defendant s motion to dismiss. 9 The prior version of the statute imposed a jurisdictional bar for both state and federal disclosures. 10 The Affordable Care Act amendment limits the bar to 8 31 U.S.C. 3730(e)(4)(A). 9 Whereas the pre-affordable Care Act version of the public disclosure bar began with No court shall have jurisdiction..., the statute now provides that The court shall dismiss... It remains to be seen whether courts will construe the new language as a jurisdictional bar. 5

6 information from federal proceedings, reports, investigations, etc., and news media disclosures. Once the public disclosure bar has been triggered, its operation may be avoided if the Relator qualifies as an original source. Original source was defined previously as someone with direct and independent knowledge of the information and who voluntarily provided the information to the government before filing an FCA action. 11 This provision was also amended by the Affordable Care Act. 12 An original source is now defined to mean a person who either voluntarily discloses the information to the government prior to the public disclosure, or has knowledge that is independent of and materially adds to the publicly disclosed allegations and who has voluntarily provided the information to the government before filing an FCA action. 13 The terms knowledge that is independent and materially adds are undefined by the statute. The current original source provision reads as follows: (B) For purposes of this paragraph, original source means an individual who either (i) prior to a public disclosure under subsection (e)(4)(a), has voluntarily 10 See Graham Co. Soil & Water Conservation Dist. v. United States ex rel. Wilson, 130 S. Ct. 1396, 1400 (2010). 11 See 1986 version of the FCA at 31 U.S.C. 3730(e)(4)(B) (1986). 12 See Patient Protection and Affordable Care Act, Pub. L (March 23, 2010) U.S.C. 3730(e)(4)(B). 6

7 disclosed to the Government the information on which allegations or transactions in a claim are based, or (2) who has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and who has voluntarily provided the information to the Government before filing an action under this section. The FCA contains a non-retaliation provision that until recent amendment protected only employees from being retaliated against by their employers for lawful acts in furtherance of an action under the FCA. This provision, 3730(h), stated prior to amendment as follows: Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of an action under this section, including investigation for initiation of, testimony for, or assistance in an action filed or to be filed under this 7

8 section, shall be entitled to all relief necessary to make the employee whole. 14 The Fraud Enforcement and Recovery Act of 2009 ( FERA ) expanded the FCA retaliation provision in two ways. First, the provision was expanded to include [a]ny employee, contractor, or agent. Second, the scope of protected activity was also expanded. After FERA, the provision read as follows: Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other matter discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, or agent on behalf of the employee, contractor, or agent or associated others in furtherance of other efforts to stop 1 or more violations of [the FCA]. 15 Congress again modified the scope of protected activity through another amendment to the provision that was enacted as part of the Dodd-Frank Wall Street U.S.C. 3730(h) (1986). 15 See Fraud Enforcement and Recovery Act, Pub. L. No (May 20, 2009). 8

9 Reform and Consumer Protection Act of 2010 ( Dodd-Frank Act ). 16 Accordingly, 3730(h) of the FCA now reads as follows: Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other matter discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or associated others in furtherance of an action under this section or other efforts to stop 1 or more violations of this subchapter. 17 The net effect of the whistleblower provisions of FERA, the Affordable Care Act and the Dodd-Frank Act is generally to weaken some of the traditionally available defenses to qui tam actions -- while still maintaining the basic core of the defenses -- and to open the door even wider for whistleblowers to assert FCA fraud and FCA retaliation claims. 16 See Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No (July 21, 2010) U.S.C. 3730(h). 9

10 2. Recent Key Case Law Developments The recent decision by the Fifth Circuit in Little v. Shell Exploration & Production Co., 18 represents a troubling expansion of the FCA from a defense perspective. In that non-intervened case, two auditors with the Minerals Management Service of the U.S. Department of the Interior brought qui tam actions against Shell alleging that Shell had defrauded the government by taking unauthorized deductions for expenses to gather and store oil on offshore drilling platforms. The Fifth Circuit held that a federal employee is a person under the FCA and therefore may bring a qui tam action under the statute. 19 Significantly, DOJ filed an amicus brief arguing against the position ultimately adopted by the Fifth Circuit. 18 Little v. Shell Exploration & Prod. Co., No , 2012 U.S. App. LEXIS (5th Cir. July 31, 2012). 19 See id. at *7-24. The court remanded the case to the district court to determine whether there had been a public disclosure that would trigger the jurisdictional bar that existed prior to the amendments by the Affordable Care Act. The court also found that the relators were not original sources under the pre-affordable Care Act provisions because as auditors for the government employed specifically to disclose fraud they could not have voluntarily provided the information to the government as required by the statute. Id. at *31; see also 31 U.S.C. 3730(e)(4). 10

11 While there may in fact be significant impediments outside the four corners of the FCA to federal employees and agents becoming viable relators, 20 the mere possibility of such an outcome should be of great concern to persons and companies doing business with the government. This is especially true in the healthcare context where new and expanding forms of government contractors have audit and access rights over healthcare companies and their information. On the other hand, a helpful decision for the defense is Graham County, supra, where the Supreme Court concluded that the version of the public disclosure bar prior to its amendment by the Affordable Care Act covered both federal and state proceedings and reports. 21 Thus, it is important for the defense in a particular case to assess whether state level public disclosures occurred prior to March 23, 2010, the date of enactment of the Affordable Care Act. 22 Another helpful decision for the defense is the Fourth Circuit s ruling in United States ex rel. Radcliffe v. Purdue Pharma L.P., 23 in which the court found that a release signed by the relator prior to filing his qui tam action was adequate 20 For example, the Court considered conflict of interest principles and noted that there are potential if not clear difficulties under statutes and regulations concerning ethical obligations of federal employees... for federal employees to be relators. Id. at * Graham County, 130 S. Ct. at See id. at 1400, n.1 (noting that the Affordable Care Act makes no mention of retroactivity, which would be necessary for its application to pending cases ). Consideration of whether the prior versions of the public disclosure and original source provisions control in a particular case will also come into play for cases involving conduct prior to March 23, F. 3d 319 (4th Cir. 2010). 11

12 to bar the action. The court s reasoning turned on the fact that the government was aware of the claims made in the qui tam action prior to its filing. The court stated: When the government is unaware of potential FCA claims the public interest favoring the use of qui tam suits to supplement federal enforcement weighs against enforcing prefiling releases. But when the government is aware of the claims, prior to suit having been filed, public policies supporting the private settlement of suits heavily favor enforcement of a prefiling release Thus, when the government was aware, prior to the filing of the qui tam action, of the fraudulent conduct represented by the relator s allegations, the public interest has been served and the Release should be enforced The New Litigation Paradigm The FCA litigation practice is changing rapidly these days. The days of virtually all healthcare FCA cases either settling or going away entirely prior to DOJ s intervention deadline are over. This has resulted in several new trends which require the development of entirely new litigation strategies by both 24 Id. at

13 relator s and defense counsel. The single most significant new trend is simply that, for the reasons described above, more FCA cases are moving forward into actual litigation. The vast majority of healthcare FCA cases moving forward are those where the government has not intervened. Thus, these cases must get processed, by and large, as traditional private party civil litigation in federal court. Another less frequent occurrence is the situation where the federal district court holds firm on an intervention deadline, but the government has not completed its investigation. In these instances certain U.S. Attorney s Offices are stating in their declination notices that DOJ is not intervening at this time, presumably seeking to leave the door open for a later intervention after the completion of the government investigation. This approach is not expressly contemplated by the FCA intervention statute which appears to contemplate only a thumbs up or down on intervention. 25 The statute does, however, give DOJ the ability to intervene in a qui tam action post-intervention deadline upon a showing of good cause. 26 Several trends have emerged or likely will emerge from the growing number of healthcare FCA cases proceeding to active litigation as non-intervened cases. 25 See 31 U.S.C. 3730(b)(4) U.S.C. 3730(c)(3). Even in FCA cases where the government does not intervene DOJ often seeks to participate in the consideration of legal issues in which the government has a particular interest. DOJ does this by filing a statement of interest or amicus curiae brief in the action. 13

14 First, the number of these cases that survive a motion to dismiss and thereby proceed with active discovery, summary judgment briefing and potentially even trial, is inevitably going to increase simply due to the greater number of nonintervened healthcare FCA cases moving forward on court dockets across the country. A related trend is the appearance of an entirely new cadre of relator s counsel. Increasingly, these lawyers are experienced plaintiff s lawyers who have moved into the FCA area from more traditional plaintiff s practice areas (e.g., medical malpractice, tort, class actions, etc.). These lawyers may employ new strategies imported from these other areas of practice, including in some instances a greater willingness to take cases to trial. The expansion of the anti-retaliation provision of the FCA to include contractors and agents will undoubtedly lead to more litigation of retaliation issues. An issue that often arises in these matters is whether and how the relator obtained confidential and proprietary documents and information of the defendant corporation. These issues can be particularly frustrating for the corporate defendant and its counsel because it is often not transparent whether and what documents have been removed by the relator from the corporate files, including electronically stored information. The removal of corporate documents can also 14

15 raise difficult issues in a particular case as to whether their removal constituted protected activity under the lawful acts language of the FCA anti-retaliation provision. Unfortunately, there are few cases dealing directly with this issue in a clear and cogent matter. Finally, another trend that is emerging is the filing of qui tam actions by corporations, resulting in what is essentially business litigation between two corporate entities. These types of proceedings are inherently more complex given the substantially greater volume of documents and number of persons involved inside of a corporation as compared to a single private individual bringing a claim. This has the practical effect of substantially increasing the scope and cost of discovery. 15

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

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

FALSE CLAIMS ACT STATUTORY LANGUAGE

FALSE CLAIMS ACT STATUTORY LANGUAGE 33 U.S.C. 3729-33 FALSE CLAIMS ACT STATUTORY LANGUAGE 31 U.S.C. 3729. False claims (a) LIABILITY FOR CERTAIN ACTS. (1) IN GENERAL. Subject to paragraph (2), any person who (A) knowingly presents, or causes

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

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

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656

CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any

More information

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted)

BILL ANALYSIS. Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) BILL ANALYSIS Senate Research Center C.S.S.B. 1309 By: Wentworth Jurisprudence 4/5/2007 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT C.S.S.B. 1309 gives the State of Texas civil

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

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

Page 291 TITLE 31 MONEY AND FINANCE 3730

Page 291 TITLE 31 MONEY AND FINANCE 3730 Page 291 TITLE 31 MONEY AND FINANCE 3730 and consistency and to eliminate unnecessary words. The words officer or employee of the Government or a member of an armed force are substituted for officer in

More information

BILL ANALYSIS. C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE

BILL ANALYSIS. C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE BILL ANALYSIS C.S.S.B. 1309 By: Wentworth Civil Practices Committee Report (Substituted) BACKGROUND AND PURPOSE C.S.S.B. 1309 gives the State of Texas civil remedies to be invoked by the attorney general

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

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

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them.

MINNESOTA FALSE CLAIMS ACT. Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. As amended by Chapter 16 of the 2013 Minnesota Session Laws. 15C.01 DEFINITIONS MINNESOTA FALSE CLAIMS ACT Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings

More information

Representing Whistleblowers Nationwide

Representing Whistleblowers Nationwide Minnesota False Claims Act Minnesota Stat. 15C.01 to 15C.16) 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

More information

Minnesota False Claims Act

Minnesota False Claims Act Minnesota False Claims Act (Minn. Stat. 15C.01 to.16) i 15C.01 DEFINITIONS Subdivision 1. Scope. --For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim.

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

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

63rd Legislature AN ACT REVISING THE MONTANA FALSE CLAIMS ACT; REVISING CIVIL PENALTIES TO PROVIDE FOR

63rd Legislature AN ACT REVISING THE MONTANA FALSE CLAIMS ACT; REVISING CIVIL PENALTIES TO PROVIDE FOR 63rd Legislature HB0345 AN ACT REVISING THE MONTANA FALSE CLAIMS ACT; REVISING CIVIL PENALTIES TO PROVIDE FOR INFLATION ADJUSTMENTS; REVISING PUBLIC DISCLOSURE PROVISIONS; REVISING THE STATUTE OF LIMITATIONS;

More information

Fraud and Abuse in the Sale and Marketing of Drugs

Fraud and Abuse in the Sale and Marketing of Drugs American Conference Institute s 11 th National Forum on: Fraud and Abuse in the Sale and Marketing of Drugs MANAGING, DEFENDING AND CURTAILING WHISTLEBLOWER AND RELATOR ALLEGATIONS UNDER ANEXPANDED FALSE

More information

HB 2845. Introduced by Representative Patterson AN ACT

HB 2845. Introduced by Representative Patterson AN ACT REFERENCE TITLE: state false claims actions State of Arizona House of Representatives Fiftieth Legislature Second Regular Session HB Introduced by Representative Patterson AN ACT AMENDING TITLE, ARIZONA

More information

Insights and Commentary from Dentons

Insights and Commentary from Dentons dentons.com Insights and Commentary from Dentons The combination of Dentons US and McKenna Long & Aldridge offers our clients access to 1,100 lawyers and professionals in 21 US locations. Clients inside

More information

Chapter No. 367] PUBLIC ACTS, 2001 1 CHAPTER NO. 367 HOUSE BILL NO. 779. By Representatives Briley, Hargett, Pleasant

Chapter No. 367] PUBLIC ACTS, 2001 1 CHAPTER NO. 367 HOUSE BILL NO. 779. By Representatives Briley, Hargett, Pleasant Chapter No. 367] PUBLIC ACTS, 2001 1 CHAPTER NO. 367 HOUSE BILL NO. 779 By Representatives Briley, Hargett, Pleasant Substituted for: Senate Bill No. 261 By Senator Cohen AN ACT to amend Tennessee Code

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

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection

INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT. IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection As amended by P.L.79-2007. INDIANA FALSE CLAIMS AND WHISTLEBLOWER PROTECTION ACT IC 5-11-5.5 Chapter 5.5. False Claims and Whistleblower Protection IC 5-11-5.5-1 Definitions Sec. 1. The following definitions

More information

Whistleblower Activity Heating Up All Over

Whistleblower Activity Heating Up All Over Whistleblower Activity Heating Up All Over By Brian E. Casey Barnes & Thornburg Commercial Litigation Update, December 2014 Fiscal year 2014 has been a banner year for whistleblowers. Recent developments

More information

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013

51ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2013 SENATE BILL 1ST LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, INTRODUCED BY Joseph Cervantes 1 ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AN ACT RELATING TO CIVIL ACTIONS; CLARIFYING

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

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT NEW YORK FALSE CLAIMS ACT STATE FINANCE LAW, ART. XIII (2013) 187. SHORT TITLE This article shall be known and may be cited as the "New York false claims act". 188. DEFINITIONS As used in this article,

More information

MINNESOTA FALSE CLAIMS ACT

MINNESOTA FALSE CLAIMS ACT . MINNESOTA FALSE CLAIMS ACT Sec. 24. [15C.01] DEFINITIONS. Subdivision 1. Scope. For purposes of this chapter, the terms in this section have the meanings given them. Subd. 2. Claim. "Claim" includes

More information

The False Claims Act: A Primer

The False Claims Act: A Primer The False Claims Act: A Primer The False Claims Act (FCA), 31 U.S.C. 3729-3733 was enacted in 1863 by a Congress concerned that suppliers of goods to the Union Army during the Civil War were defrauding

More information

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS

GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS GOVERNMENT PROSECUTIONS AND QUI TAM ACTIONS DISTRICT OF COLUMBIA OFFICIAL CODE DIVISION I. GOVERNMENT OF DISTRICT. TITLE 2. GOVERNMENT ADMINISTRATION. CHAPTER 3B. OTHER PROCUREMENT MATTERS. SUBCHAPTER

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

THE FEDERAL FALSE CLAIMS ACT

THE FEDERAL FALSE CLAIMS ACT Executive Summary THE FEDERAL FALSE CLAIMS ACT The Federal False Claims Act ( FCA ), 31 U.S.C. 3729-3733, helps the federal government combat fraud and recover losses resulting from fraud in federal programs,

More information

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Brita Darling x1 SENATE BILL 1-0 SENATE SPONSORSHIP Hodge and Roberts, Gardner, HOUSE SPONSORSHIP Senate

More information

Robert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 KD_4901979

Robert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 KD_4901979 False Claims Act Update Robert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 Email: bwade@kdlegal.com KD_4901979 1 The FCA is the Fraud Enforcement

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

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

FALSE CLAIMS ACT PRIMER

FALSE CLAIMS ACT PRIMER FALSE CLAIMS ACT PRIMER HCCA Compliance Institute Sunday, April 29, 2012 I. Elements of a False Claims Act Violation A. A Direct (Affirmative) False Claim Most False Claims Act cases involve direct or

More information

IC 5-11-5.7 Chapter 5.7. Medicaid False Claims and Whistleblower Protection

IC 5-11-5.7 Chapter 5.7. Medicaid False Claims and Whistleblower Protection IC 5-11-5.7 Chapter 5.7. Medicaid False Claims and Whistleblower Protection IC 5-11-5.7-1 Application; definitions Sec. 1. (a) This chapter applies only to claims, requests, demands, statements, records,

More information

A BILL TO BE ENTITLED AN ACT. relating to false claims against the state and actions by private

A BILL TO BE ENTITLED AN ACT. relating to false claims against the state and actions by private By:AAMowery H.B.ANo.A00 A BILL TO BE ENTITLED 0 AN ACT relating to false claims against the state and actions by private persons to prosecute those claims; providing a civil penalty. BE IT ENACTED BY THE

More information

Client Alert. When Is Qui Tam False Claims Act Litigation Based Upon Prior Public Disclosure and Who Qualifies as Original Source of Information?

Client Alert. When Is Qui Tam False Claims Act Litigation Based Upon Prior Public Disclosure and Who Qualifies as Original Source of Information? Contact Attorneys Regarding This Matter: Aaron M. Danzig 404.873.8504 direct aaron.danzig@agg.com W. Jerad Rissler 404.873.8780 direct jerad.rissler@agg.com Client Alert When Is Qui Tam False Claims Act

More information

Lori Pines Steven A. Reiss Konrad Cailteux with guest speaker Gregory M. Krakower, Senior Advisor and Counselor to the New York Attorney General

Lori Pines Steven A. Reiss Konrad Cailteux with guest speaker Gregory M. Krakower, Senior Advisor and Counselor to the New York Attorney General Lori Pines Steven A. Reiss Konrad Cailteux with guest speaker Gregory M. Krakower, Senior Advisor and Counselor to the New York Attorney General November 13, 2013 Footer / document number goes here Panelists

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

NEW YORK FALSE CLAIMS ACT

NEW YORK FALSE CLAIMS ACT . NEW YORK FALSE CLAIMS ACT New York State Finance Law Chapter 56. Of the Consolidated Laws Article XIII. New York False Claims Act 187. Short title This article shall be known and may be cited as the

More information

Current Issues in Qui Tam Litigation in the Energy Industry. Michael L. Beatty BEATTY & WOZNIAK, P.C.

Current Issues in Qui Tam Litigation in the Energy Industry. Michael L. Beatty BEATTY & WOZNIAK, P.C. Current Issues in Qui Tam Litigation in the Energy Industry Michael L. Beatty BEATTY & WOZNIAK, P.C. March 10, 2006 2 What is the False Claim Act? A False Claim Act case (or qui tam action) allows a private

More information

Texas Medicaid Fraud Prevention Act

Texas Medicaid Fraud Prevention Act Texas Medicaid Fraud Prevention Act 36.001. Definitions In this chapter: (1) Claim means a written or electronically submitted request or demand that: (A) is signed by a provider or a fiscal agent and

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

Settling a False Claims Act Case: Practicalities and Pitfalls

Settling a False Claims Act Case: Practicalities and Pitfalls Settling a False Claims Act Case: Practicalities and Pitfalls Brian A. Hill bhill@milchev.com Jeffrey M. Hahn jhahn@milchev.com Overview Because the vast majority of FCA cases are settled, every FCA practitioner

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

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

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

SECURITIES LITIGATION & REGULATION

SECURITIES LITIGATION & REGULATION Westlaw Journal Formerly Andrews Litigation Reporter SECURITIES LITIGATION & REGULATION Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 16, ISSUE 7 / AUGUST 10, 2010 Expert

More information

NC General Statutes - Chapter 1 Article 51 1

NC General Statutes - Chapter 1 Article 51 1 Article 51. False Claims Act. 1-605. Short title; purpose. (a) This Article shall be known and may be cited as the False Claims Act. (b) The purpose of this Article is to deter persons from knowingly causing

More information

FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION

FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION FILING QUI TAM ACTIONS AND FALSE CLAIMS LITIGATION REPRINTED FROM: CORPORATE DISPUTES MAGAZINE JUL-SEP 2015 ISSUE corporate CDdisputes Visit the website to request a free copy of the full e-magazine Published

More information

Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors

Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors Supreme Court Clarifies Statute of Limitations Applicable to False Claims Act Whistleblower Suits Against Government Contractors In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel.

More information

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance.

Broward County False Claims Ordinance. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. Broward County False Claims Ordinance Sec. 1-276. - Short title; purpose. (a) This article shall be known and may be cited as the Broward County False Claims Ordinance. (b) The purpose of the Broward County

More information

Narrowing Of FCA Public Disclosure Bar Continues

Narrowing Of FCA Public Disclosure Bar Continues Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Narrowing Of FCA Public Disclosure Bar Continues Law360,

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

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

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

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1

False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 False Claims Laws: What Every Public Contract Manager Needs to Know By Aaron P. Silberman 1 When Do False Claims Laws Apply? The federal False Claims Act (FCA) applies to any requests for payment from

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

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

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Subtitle B Increasing Regulatory Enforcement and Remedies

Subtitle B Increasing Regulatory Enforcement and Remedies H. R. 4173 466 activities and evaluates the effectiveness of the Ombudsman during the preceding year. The Investor Advocate shall include the reports required under this section in the reports required

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

BLESSING CORPORATE SERVICES QUINCY, ILLINOIS

BLESSING CORPORATE SERVICES QUINCY, ILLINOIS BLESSING CORPORATE SERVICES QUINCY, ILLINOIS Policy No. BCSCGR.015 Policy Title: Section/Function: 2: Compliance & Government Regulations Administrative Responsibility: VP, Corporate Compliance & Organizational

More information

When Employment Law and Law Enforcement Intersect

When Employment Law and Law Enforcement Intersect 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 19103 (215) 875-0609 jtucker@tlgattorneys.com

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

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

Top 10 Things We Hate to Hear During an Internal Investigation

Top 10 Things We Hate to Hear During an Internal Investigation Top 10 Things We Hate to Hear During an Internal Investigation June 19, 2015 Thomas J. Kenny Partner Kutak Rock LLP thomas.kenny@kutakrock.com 1. After we heard about the Compliance Hotline Report, we

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

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

Oklahoma FALSE CLAIMS LAWS

Oklahoma FALSE CLAIMS LAWS Oklahoma Company-affiliated facilities in Oklahoma must ensure that all employees, including management, and any contractors or agents are educated regarding the federal and state false claims statutes

More information

Regulatory Impact Statement. 1. Statutory authority: Section 194 of the State Finance Law empowers the Attorney General to

Regulatory Impact Statement. 1. Statutory authority: Section 194 of the State Finance Law empowers the Attorney General to Regulatory Impact Statement 1. Statutory authority: Section 194 of the State Finance Law empowers the Attorney General to adopt such rules and regulations as is necessary to effectuate the purposes of

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

False Claims Act Update

False Claims Act Update False Claims Act Update Robert A. Wade, Esq. Krieg DeVault LLP 4101 Edison Lakes Parkway, Ste. 100 Mishawaka, IN 46545 Phone: 574-485-2002 Email: bwade@kdlegal.com KD_4901979 1 The FCA is the Fraud Enforcement

More information

And you can receive a substantial reward for doing so.

And you can receive a substantial reward for doing so. Who is a whistleblower under the False Claims Act? Anyone who sees a Government contractor cheating the United States and wants to do something about it can blow the whistle. If you d like to put a stop

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

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

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

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

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

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

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

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

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

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

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

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

Preparing for the Impact of the Alaska False Claims Act

Preparing for the Impact of the Alaska False Claims Act Preparing for the Impact of the Alaska False Claims Act Alaska State Hospital and Nursing Home Association Webinar Presented by Stephen D. Rose 425.278.9337 srose@hallrender.com Barbra Z. Nault 907.258.2587

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

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA CIVIL ACTION ex rel., KEVIN BRENNAN Plaintiffs v. THE DEVEREUX FOUNDATION and DEVEREUX PROPERTIES,

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

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-554 HOUSE BILL 1135

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-554 HOUSE BILL 1135 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2009-554 HOUSE BILL 1135 AN ACT TO DETER AND PUNISH PERSONS WHO MAKE FALSE OR FRAUDULENT CLAIMS FOR PAYMENT BY THE STATE AND TO PROVIDE REMEDIES

More information

Whistleblower Litigation ALI-ABA: Advanced Employment Law and Litigation - 2012

Whistleblower Litigation ALI-ABA: Advanced Employment Law and Litigation - 2012 Whistleblower Litigation ALI-ABA: Advanced Employment Law and Litigation - 2012 Debra S. Katz 1 Katz, Marshall & Banks, LLP 1718 Connecticut Ave. NW Sixth Floor Washington, D.C. 200099 (202) 299-1140 www.kmblegal.com

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

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 *

NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * NEW YORK CITY FALSE CLAIMS ACT Administrative Code 7-801 through 7-810 * 7-801. Short title. This chapter shall be known as the "New York city false claims act." 7-802. Definitions. For purposes of this

More information

HEALTH CARE FRAUD. Expert Analysis Recent Amendments Significantly Enhance the Power and Reach of the False Claims Act

HEALTH CARE FRAUD. Expert Analysis Recent Amendments Significantly Enhance the Power and Reach of the False Claims Act Westlaw Journal Formerly Andrews Litigation Reporter HEALTH CARE FRAUD Litigation News and Analysis Legislation Regulation Expert Commentary VOLUME 16, ISSUE 10 / APRIL 2011 Expert Analysis Recent Amendments

More information