Whistleblower Claims Under the False Claims Act in Healthcare

False Claims Act (FCA) cases are the fastest growing area of federal litigation. In the arena of healthcare fraud alone, the DOJ obtained $1.5 billion in settlements and judgments during fiscal year 2007 while pursuing FCA violations. Most of this amount arose out of cases involving whistleblowers.

The Deficit Reduction Act of 2005 created financial incentives for states that pass qui tam whistleblower laws. Since then, 20 states have enacted laws with whistleblower provisions and the volume of whistleblower cases is likely to surge.

FCA and state qui tam violations can result in criminal sanctions and huge civil damages and penalties. Counsel for healthcare providers must thus be well versed in this area of the law to develop an effective compliance program and to respond to potential "whistleblower" complaints.

Listen as our panel — attorneys experienced in prosecuting and defending healthcare fraud cases — reviews the requirements of the Deficit Reduction Act, offers compliance strategies to reduce the risk of FCA claims, and provides best practices for addressing employee whistleblowers and complaints.

The panel included:

Patrick S. Coffey, Partner, Locke Lord Bissell & Liddell, Chicago. He concentrates his practice in the representation of healthcare-related entities in complex business litigation, internal investigations and white-collar criminal defense matters.

Linda A. Wawzenski, Assistant U.S. Attorney and Deputy Chief of Civil Division, U.S. Attorney's Office, Chicago. She supervises the office's civil fraud work and coordinates parallel criminal cases. The majority of her cases involve healthcare fraud. She is a frequent speaker on healthcare fraud issues.

Chris J. Mollet, Associate University Counsel, University of Illinois at Chicago, Chicago. He is responsible for healthcare transactions for the university's Medical Center, medical service plan and health science colleges. He has represented healthcare organizations for over 20 years.

The panel reviewed these and other key questions:

• Will employee education on the False Claims Act required by the Deficit Reduction Act create a new generation of whistleblower cases?
• What are the key elements of an effective compliance strategy to avoid FCA or qui tam violations?
• How can providers manage their risk exposure to whistleblower cases?

*******************************************************************************

TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).

• Regular Price - $297 (plus $9.45 S&H)


• With Teleconference Registration – an additional $75 (plus $9.45 S&H)

Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.