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Nov 2, 2020 by |

San Francisco False Claims Act Whistleblower Attorney: Hospital Settles Kickback Allegations

ATTORNEY NEWSLETTER

Regional Hospital Accused Of Illegal Kickbacks To Physicians

Physicians Referring Patients Received Back Investment Units In The Hospital

Physician Whistleblower Will Receive Reward

Hospitals and clinics violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-3733, and the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b, when they pay illegal kickbacks to physicians for patient referrals for services covered by Medicare and Medicaid (known as Medi-Cal in California).   Individuals with information about this kind of scheme can be rewarded for bringing this kind of illegal practice to light.  The California whistleblower attorneys at Evans Law Firm, Inc. represents individuals who bring FCA cases based for any kind of fraud against Medicare or Medicaid.  If you have credible, original information of healthcare fraud, call us today at (415)441-8669 or toll-free at (888)-50EVANS (503-8267) and we can help.

In a recently reported case, a reginal hospital settled with the federal and State government for more than $1 million after being accused of submitting false claims to Medicare and Medicaid in an FCA qui tam case joined by the government.[1]  The whistleblower complaint alleged that the hospital offered physicians who referred patients to the hospital a low-risk, high-reward investment in a joint venture that owned the hospital building itself. According to the qui tam complaint, Medicare and Medicaid payments based on these “quid pro quo” referrals violated both the Anti-Kickback Statute and the FCA. The government noted that claims resolved by the settlement were allegations only, and there has been no determination of liability. 

The allegations in this case were first reported by a physician and his spouse in a lawsuit filed under the qui tam, or whistleblower, provisions of the FCA.  The FCA allow private parties to sue on behalf of the government for false claims, and to receive a share of any recovery. 31 U.S.C. § 3730(b) (procedures for initiating qui tam actions).  The suit remains under seal, subject to an order of the Court permitting the U.S. to disclose this settlement.  The whistleblowers stand to receive up to 25% of the settlement in accordance with 31 U.S.C. § 3730(d)(1).

Contact Us

Whenever a hospital, clinic, lab, physician group, or other healthcare provider commits healthcare fraud against the federal government or the State of California, individuals may be able to initiate a qui tam action to help the government recover from the wrongdoer.  If you have that kind of information, contact Ingrid M. Evans and the other California whistleblower attorneys at Evans Law Firm at (415) 441-8669, or toll-free at (888)-50EVANS (503-8267) or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.   Our litigators also represent individual whistleblowers in qui tam cases involving 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

[1] Evans Law Firm, Inc. was not involved in the case in any way.

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