Anonymous ID: e79976 Jan. 2, 2019, 4:11 a.m. No.4563370   🗄️.is đź”—kun

Interesting article about the Whistleblower Act in terms of

THE PERFECT STORM

 

''The book, The Perfect Storm, by

Sebastian Junger, describes in graphic

detail the havoc created when three

smaller storms gather and combine into

one. "

 

THREE METAPHORICAL 'STORMS' HAVE NOW COMBINED

 

'''1. TARP and stimulus funds have

the government on track to spend trillions of dollars'''

 

Any entity that either

directly or indirectly receives federal

funds, including healthcare providers

that participate in federal programs

such as Medicaid and Medicare, are at

risk. These entities, including contractors, subcontractors, and vendors, are

also likely to face whistleblower retaliation claims from employees, former

employees, and competitors.

 

'''2. The second storm has arisen from

FERA’s recent amendments to the FCA.'''

 

A. First,

Congress removed the requirement that

the allegedly false claim actually be

presented to the government for payment.

Now liability may attach to claims that

are submitted to a “contractor, grantee,

or other recipient” of federal funds,

regardless of whether a false claim was

submitted to the government.

 

B. there

is no longer a requirement that an individual or entity act with the specific

intent to defraud the government.

 

Together, these two amendments expose

a large number of companies to potential

liability under the FCA, including

companies that are not traditionally

thought of as – and have never considered themselves to be – government

contractors, such as subcontractors and

vendors who simply work with grantees

or recipients of federal funds.

 

3. Ignorance

A recent study found that nearly

80 percent of business executives from a

broad array of companies, including

those in the healthcare industry, were

A GATHERING STORM: THE NEW FALSE CLAIMS

ACT AMENDMENTS AND THEIR IMPACT ON

HEALTHCARE FRAUD ENFORCEMENT

15 Volume 21, Number 6, August 2009 The Health Lawyer

unfamiliar with the FCA.6 This means

that many companies, which are now

unwittingly in the cross-hairs of federal

fraud enforcement, are likely unprepared

to prevent FCA violations through the

implementation and execution of

adequate compliance measures.

 

sauce:

https://www.crowell.com/documents/New-False-Claims-Act-Amendments-And-Their-Impact-On-Health-Care-Fraud-Enforcement.pdf