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Sep 15, 2020 by |

California and San Francisco Whistleblower Attorney: Kickbacks And Illegal Medical Referrals Are Fraud Against Medicare

ATTORNEY NEWSLETTER

Settlement Of Large Whistleblower Healthcare Fraud Suit

Kickbacks And Illegal Referrals To Related Providers

Individual Whistleblower Brings Fraud To Light

Under the False Claims Act (FCA), 31 U.S.C. §§ 3729 et seq., the federal government rewards whistleblowers who present credible information of false claims under Medicare and Medicaid. FCA cases in the healthcare field may include violations of the Stark Law (42 U.S.C. § 1395nn), which prohibits referrals to businesses in which a physician has an interest, and the Anti-Kickback Statute (42 U.S.C. § 1320a-7b), which prohibits kickbacks for referrals or prescriptions. The California whistleblower attorneys at Evans Law Firm, Inc. can represent whistleblowers in FCA cases against nursing homes, hospitals, clinics, labs, pharmaceutical companies, government contractors, and others who make illegal referrals, pay kickbacks, sell unapproved medications, or commit other fraudulent acts. 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.

In one recent settlement* of a large whistleblower suit, a specialty hospital and related physicians groups settled allegations that defendants provided improper remuneration to physicians in exchange for patient referrals in the form of free or below-fair market value office space, employees, and supplies, compensation in excess of fair market value for the services provided, and preferential investment. “Patients rightly expect providers to deliver the best treatment without thought of financial gain,” said Miranda L Bennett, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services (HHS) in announcing a $72.3 million settlement in the case. The claims resolved by the settlement are allegations only, and there has been no determination of liability. The whistleblower will receive a share of the settlement in an amount not yet determined according to the government.

Protection for Whistleblowers

Employees and other insiders may have credible information of these types of false claims against the government. 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. 31 U.S.C. § 3730(h). Our California whistleblower attorneys can represent you in any action for retaliation as well as represent you in your underlying whistleblower application.

Contact Us

Ingrid M. Evans and our other 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 have 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.

*United States ex rel. Allison v. Southwest Orthopedic Specialists, PLLC, et al., No. CIV-16-569 (W.D. Okla.). Evans Law Firm, Inc. was not involved in the case in any way.

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