Phillips & Cohen wrote The Healthcare Providers Guide to Whistleblower Lawsuits and the False Claims Act to help health care providers -- who face the potential of false claims liability every day -- as well as their employees better understand the False Claims Act and what happens before and after a whistleblower lawsuit is filed.
The monograph, published in 1997, was written at the request of Washington G-2 Reports, an independent publishing company that specializes in newsletters, reference manuals and other publications for the health care industry.
Below is the table of contents from The Health Care Providers Guide to Whistleblower Lawsuits and the False Claims Act. For more information, contact:
Washington G-2 Reports
1111 14th St NW, Suite 500
Washington, DC 20005-5663
Tel: 800/LAB-REGS (800/522-7347)
Fax: 202/289-4062
The Healthcare Providers Guide to Whistleblower Lawsuits and the False Claims Act
Contents
Chapter 1: The False Claims Act & the healthcare industry - - an overview
Whistleblower lawsuits on the rise Health care industry targeted Enforcement initiatives escalate Whistleblower lawsuits spur other cases Criminal penalties for Medicare fraud A compliance program well-crafted
Chapter 2: The False Claims Act: from the Civil War to the Cold War
The Civil War 1943 amendments to the act 1986 amendments to the act
Chapter 3: Healthcare providers liability under the False Claims Act
Actions that create liability
Typical violations by healthcare providers
Matters excluded from false claims liability
Matters already the subject of a civil proceeding
Actions based upon matters publicly disclosed
Liability for false claims against the states
Chapter 4: Qui Tam (whistleblower) provisions of the False Claims Act The role of the relator
Shared recovery
Chapter 5: False Claims Act violations
Elements of a cause of action
Kickbacks or false certification may make claims "false"
Statute of limitations
Chapter 6: Penalties and damages under the False Claims Act
Attorneys' fees
Criminal and administrative remedies
Chapter 7: Employment protection for whistleblowers
Chapter 8: The False Claims Act and other anti-fraud laws
Other federal anti-fraud laws
Alternative administrative remedies
Chapter 9: Avoiding or minimizing False Claims Act liability: corporate compliance programs
Designing an effective compliance program
Reduced penalties
Chapter 10: Voluntary disclosures of Medicare fraud
Voluntary disclosure can reduce liability HHS' voluntary disclosure pilot program
Chapter 11: Anatomy of a False Claims Act case
Procedures for filing a false claims (qui tam) lawsuit
The government's decision to intervene
Final resolution
Terms of settlement
The whistleblower's award
Chapter 12: The False Claims Act and the clinical lab industry
National Health Laboratories Inc.
MetPath, MetWest and Unilab
Damon Clinical Laboratories Inc.
Roche Biomedical Laboratories Inc. and National Health Laboratories Inc. (Laboratory Corp. of America Holdings)
Spectra Laboratories Inc.
SmithKline Beecham Clinical Laboratories Inc.
Hospital outpatient laboratories
Appendices
The federal False Claims Act
State and District of Columbia false claims statutes
Model compliance program for clinical laboratories, HHS Office of Inspector General
Examples of actual health care fraud schemes
Sample settlement agreement
The PATH (Physicians at Teaching Hospitals) initiative, HHS Office of Inspector General, letter of explanation
© 1998 Phillips and Cohen. All rights reserved
Credits