ATTORNEY NEWSLETTER
Government Rewards Blowing The Whistle On Healthcare Fraud
Whistleblower Cases Under The False Claims Act and Anti-Kickback Statute
Under the False Claims Act (FCA), the federal government rewards whistleblowers who present credible information of false claims made to government agencies for payments and reimbursements. The fraud may violate other federal laws, such as the Anti-Kickback Statute or the Stark Law which prohibit kickbacks and physician referrals based on financial interests. The California whistleblower attorneys at Evans Law Firm, Inc. represent whistleblowers/relators in FCA cases against healthcare providers, pharmaceutical companies, government contractors, product manufacturers, research institutions, and others who may commit fraud against the government by overcharging, billing for services or equipment that is never provided, illegally referring patients to businesses in which the referring physician has an interest, false diagnoses, paying illegal kickbacks, and/or falsifying data in order to receive government payments or grants. If you have credible information for a false claims whistleblower case or any other whistleblower case in California, call us today at (415)441-8669 and we can help.
$54 Million Settlement In Healthcare Kickback Case
In one recent case,[1] a pharmaceutical company settled allegations that it had made illegal payments to physicians who submitted claims for reimbursement to the government for the drugs the participating physicians prescribed. According to the complaint, physicians participated in an alleged sham speaker program hosted by defendants who paid the physicians to give speeches touting their drugs. Participating physicians allegedly wrote prescriptions for the two drugs that were filled at pharmacies across the country. After filling and dispensing the prescriptions, the pharmacies then submitted claims for reimbursement to various government-funded health care programs. The complaint also alleged violations of the Anti-Kickback Statute (“AKS”), 42 U.S.C. § 1320a -7b, which, among other things, criminalizes “knowingly or willingly” offering or paying a person “remuneration,” in the form of kickbacks, bribes, or rebates, to “induce” that person to “recommend” the purchase of a drug covered by a “Federal health care program.” 42 U.S.C. § 1320a-7b(b)(2). Simply stated, the AKS prohibits a pharmaceutical manufacturer from offering, directly or indirectly, any remuneration to induce a physician to prescribe, or a Medicare patient to purchase, that manufacturer’s drugs.
Protection for Whistleblowers
Whistleblowers in the reported case were former sales representatives of the defendant, according to the complaint. Federal law protects insiders/employees against retaliation from employers for blowing the whistle on fraud. If you are fired because you brought any fraud to light, you can fight back. You may be entitled to sue your employer in federal court and seek double back pay (with interest), reinstatement, reasonable attorneys’ fees, and reimbursement for certain costs in connection with the litigation. Our California whistleblower attorneys can represent you in any action for retaliation as well as represent you in your underlying whistleblower application.
Contact Us
Our whistleblower attorneys handle all types of whistleblower cases in addition to false claims cases, including cases for bank fraud under FIRREA/FIAFEA, commodity trading and securities fraud under the Commodities Futures Trading Commission Whistleblower Program and the Securities and Exchange Commission Whistleblower Program, and tax fraud under the Internal Revenue Service Whistleblower Program. If you or a loved one has information regarding false claims, offshore tax avoidance schemes against the IRS, or securities and commodity trading fraud in violation of SEC and CFTC regulations, contact Ingrid M. Evans and the other California whistleblower and false claims attorneys at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our attorneys have experience with complex financial contracts and large insurance companies. We can help guide your case through a jury trial or toward an equitable settlement. We also handle cases involving physical and financial elder abuse, nursing home abuse, whole life insurance and universal life insurance, and indexed, variable, and fixed annuities.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
