False Claims Act/Qui Tam

This blog is about qui tam, a  lawsuit brought under the False Claims Act by a private plaintiff on behalf of the Federal or State Government (rather than by the Government itself). The False Claims Act was originally enacted by Congress in 1863, as a response to widespread abuses by government contractors against the Union Army during the Civil War. The qui tam provisions are now used widely and this blog is intended to keep readers up to date with all qui tam related news and to provide commentary when warranted.  This blog also contains an array of laws and regulations concerning qui tam set out in an easy to read format.

Posts tagged as:

Whistleblower Law

U.S. Sen. Grassley Works to Strengthen False Claims Act

by Nolan and Auerbach on April 30, 2010

In May 2009, the President signed the Fraud Enforcement Recovery Act, sponsored by Senator Chuck Grassley and Senators Patrick Leahy and Ted Kaufman, made major changes to strengthen the federal False Claims Act by removing liability loopholes and addressing statutory confusion. Additional related, though less extensive changes, were made as part of the Patient Protection and Affordable Care Act enacted in March 2010, Grassley is now working to make sure that the recent changes made to the federal False Claims Act are recognized and incorporated by the 14 states that already have OIG-approved state False Claims Acts.

Consistency by a state with the Federal False Claims Act, is a requirement for a large federal incentive afforded to the state, when Medicaid dollars are successfully recovered in a Federal False Claims Act lawsuit. The federal incentive allows states to receive an additional 10% of the Medicaid recoveries if they allow whistleblower/qui tam lawsuits in their state False Claims Acts, as long as the state False Claims Acts afford the same rights to whistleblowers as the federal False Claims Act does.

In an April 28, 2010 press release , Grassley asked the Inspector General for the Department of Health and Human Services and the Attorney General to review existing state False Claims Acts, to make sure they are in compliance with recent changes to the federal False Claims Act; and to issue appropriate guidance for any state interested in the federal incentive.. In addition to the 14 states which have already qualified for this incentive (and are now subject to this review), six states applied for it but did not meet the requirements.

For the full press release, go to: http://www.iowapolitics.com/index.iml?Article=194624. For more information about qui tam law and health care fraud, contact Nolan & Auerbach, PA.

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Watchdog Groups Call on President to Support Stronger Whistleblower Protections

by Nolan and Auerbach on April 3, 2009

Our nation’s watchdog organizations, including the American Civil Liberties Union, American Federation of Government Employees, National Whistleblower Center and Project on Government Oversight, sent a letter to President Obama on April 1, 2009 urging that the government fulfill his campaign and transition policy commitments to strengthen whistleblower rights.

In the letter, the coalition asks the president to strongly endorse legislation that would protect from retaliation of federal employees who expose waste, fraud, abuse, suppression of federal research, and threats to public health and safety, and give them access to jury trials. The legislation would also direct federal government agency heads to institute “no-retaliation” policies for employees.

The groups are concerned that a signing statement issued by the president on March 11, attached to H.R. 1105, the omnibus spending bill, contradicts those earlier steps and could have a chilling affect on lawful whistleblowing disclosures, according to a press release about the letter on Project on Government Oversight’s website.

To read the letter, click here. For a copy of the POGO press release, go to http://www.pogo.org/pogo-files/alerts/whistleblower-issues/wi-wp-20090401.html.

For more information about qui tam law, whisleblowers and health care fraud, contact Nolan and Auerbach, PA.

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2009 FCA Amendment Aims to Increase Government Accountability and Whistleblower Protection

by Nolan and Auerbach on March 5, 2009

The fate of a bill amending the False Claims Act (FCA) is in Senate hands. The False Claims Clarification Act of 2009, introduced by Sen. Chuck Grassley (R-Iowa) (S. 458), could fuel government’s ability to recover taxpayers’ dollars lost to fraud and abuse by increasing government accountability and extending whistleblower protection. Under the new legislation, the attorney general would be required to submit an annual report to Congress about settlements made under the FCA. This would help determine if the Department of Justice is using the act as it is intended and ensure that qui tam relators are protected from the court’s potential abuse of provisions to seal a case.

To review the legislation, go to http://thomas.loc.gov/cgi-bin/query/z?c111:S.458: Or, for more information about qui tam whistleblower law, contact Nolan and Auerbach, PA.

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False Certification Case Settled for $9 million

by Nolan and Auerbach on August 10, 2006

This case settlement is a recent example of false claims act liability based upon false certification. Although this is not a healthcare fraud case, we point out that false certification in the healthcare fraud field is still probably going strong and the basis for liability.

To see a brief story, click here.

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