Category: BLOG
Why are Pharmaceutical & Medical Kickbacks Prohibited?
The False Claims Act (FCA) is designed to combat and prevent healthcare fraud, including pharmaceutical or medical providers that illegally solicit or accept kickbacks [1]. Persons who become aware of illegal solicitation or acceptance of kickbacks in the healthcare industry can act as a whistleblower on behalf of the government and file an FCA lawsuit. …
Continue reading “Why are Pharmaceutical & Medical Kickbacks Prohibited?”
Upcoding and Unbundling are Common Types of Healthcare Fraud
Upcoding and unbundling in healthcare are two forms of improper medical coding. Both fall under the federal government’s definition of healthcare fraud when the government is paying for the care and can be pursued through the False Claims Act. With serious implications that can cause harm to patients, taxpayers, and the American healthcare system as …
Continue reading “Upcoding and Unbundling are Common Types of Healthcare Fraud”
2021 False Claims Act Statistics Continue to Highlight Importance of Whistleblowers
On February 1, 2022, the U.S. Department of Justice (DOJ) reported its False Claims Act (FCA) statistics for fiscal year (FY) 2021. DOJ reported more than $5.6 billion was recovered through the FCA in FY 2021. This is the second largest amount recorded and the largest since 2014. Almost $2.8 billion of the total recovery …
Colorado Legislature Introduces the Colorado False Claims Act (CFCA)
For more than a decade Colorado has had the Colorado Medicaid False Claims Act, making it unlawful for persons to submit false claims to Colorado’s Medicaid programs. However, fraud against the state occurs in many other contexts besides Medicaid (e.g., infrastructure contracting, purchase of goods and services, grant awards). On January 21, 2022, the State …
Continue reading “Colorado Legislature Introduces the Colorado False Claims Act (CFCA)”
COVID-19 May Constitute a Disability Under the ADA
As we continue to grapple with COVID-19 and its everchanging variants, the EEOC has updated its guidance on determining if COVID-19 constitutes a disability under the Americans with Disabilities and the Rehabilitation Act (“ADA”). Released on December 14, 2021, the guidance states that, under certain circumstances, COVID-19 may constitute a disability under the ADA. To …
Continue reading “COVID-19 May Constitute a Disability Under the ADA”
Minnesota’s Revived Law on Reasonable Accommodations
Individuals with disabilities are afforded considerable legal protection against workplace discrimination under both state and federal law. The Minnesota Human Rights Act (“MHRA”) is our state law that prohibits discrimination, harassment, and retaliation based on protected characteristics in Minnesota. In the context of individuals with disabilities, the MHRA provides that, except when based on a …
Continue reading “Minnesota’s Revived Law on Reasonable Accommodations”
OSHA & CMS Unveil New COVID-19 Vaccination Rules – Potential Whistleblower Protections for Employees
On Thursday, November 4, 2021, both OSHA and CMS announced new vaccination requirements for private sector and healthcare workers. These rules may provide new protections for employees who experience retaliation for raising concerns when their employer is not in compliance with COVID-19 protection requirements. OSHA The Occupational Safety and Health Administration’s emergency temporary standard (ETS) …
Senator Chuck Grassley Discusses the Importance of the False Claims Act Amendments
On October 21, 2021, Senator Chuck Grassley discussed the importance of the False Claims Act during the Executive Business Meeting of the Senate Judiciary Committee. During his discussion, Senator Grassley exposed the fraud lobby’s efforts to undermine bipartisan, common-sense amendments to the #FalseClaimsAct, the government’s primary tool to fight fraud. Under the FCA more than …
DOJ Highlights Importance of Whistleblowers and False Claims Act to Deter Cyber Fraud
In 1865, it was whistleblowers who were critical in reporting fraud by those who provided the U.S. War Department with rusty rifles, boats that leaked, and hats that melted in the rain. Today, whistleblowers are now critical to protecting the United States in the digital space. No longer on the battlefield of the Civil War, …
Can You Be Fired for Not Getting the COVID Vaccine?
With over half of all Americans now fully vaccinated against COVID-19, some employers have begun slowly transitioning back to working in-person. And in doing so, many of those employers have implemented vaccine mandates. As a result, and perhaps to no surprise, some employees have either quit or been fired for not getting the COVID vaccine. …
Continue reading “Can You Be Fired for Not Getting the COVID Vaccine?”