Kickbacks, Medicare and Medicaid fraud, whistleblowers, False Claims Act

The Department of Justice needs whistleblowers to report fraud involving the payments of kickbacks to doctors to induce referrals of patients

On March 21, 2019, DOJ announced that MedStar Health paid $35 million for allegations that paid kickbacks to a Cardiology Group in exchange for referrals and for medically unnecessary stents.  The case couldn’t have been resolved without 3 whistleblowers who were cardiac surgeons.  The whistleblowers received a reward for stepping up and reporting the wrongdoing to the Government through their attorneys.

Guidance is available for how to blow the whistle on your employer or a competitor.  Reaching out to a former prosecutor who represents whistleblowers is a helpful first step.  An attorney can guide you through the process, assist you with documenting your concerns, answer your questions and instruct you on the nature and strength of evidence you do have.  A good whistleblower attorney will provide you a free consultation.  You should seek out an accomplished attorney as soon as you have concerns, and while you are still employed by the company where you believe there is wrongdoing.  Bottom line:  don’t do it alone.  Get an expert opinion from a prosecutor who’s tried False Claims Act cases and has significant experience under their belt.

The authors represent whistleblowers / Renée Brooker (former Assistant Director for Civil Frauds/Justice Department) (202) 288-1295 / Eva Gunasekera (former Senior Counsel for Health Care Fraud/Justice Department)

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