Was Whistleblowing a Reason for Firing or the Reason?

The outcome of a physician whistleblower’s retaliation claim against his former medical group turns on the question whether whistleblowing was a reason or the reason he was fired.  If it was a reason, he loses.  If it was the reason, he wins. Dr. Donald Helfer was an anesthesiologist and shareholder with …

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Broward Health Wins Most-Illegal-Physician-Comp

Okay, there’s not really a Most-Illegal-Physician-Compensation Prize.  But if there were, Florida’s North Broward Hospital District would have won in a walk.  That’s why the district has agreed to pay the government $69.5 million to settle charges that it violated the Stark Law, the Anti-Kickback Statute …

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Whistleblower Filed Too Early & Too Late for Share of $322M SCAN Scam Recovery

In a miracle of bad timing, Jim Swoben managed to lose out on a share of the $322 million recovery against SCAN health Plan by being both too early and too late in filing his qui tam action. During his days as a data encounter manager at SCAN, Jim suspected the company had been double-billing Medicare and …

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Free Patient Parking May Trigger False Claims Act Violation

Who knew?  When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act.  It’s enough to make you sick. That’s one of the lessons of an August 14 federal court decision in Florida.  Whistleblower Thomas …

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Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the whistleblowers—not just the first to file.  That’s on top of the $97 million Community …

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Court Adopts Tough Interpretation of 60-Day Repayment Rule

New York’s Mt. Sinai Hospitals can’t seem to catch a break in its long-running battle with whistleblower Bob Kane.  First, the government joined the case and wanted not just the $1,000,000 in Medicaid overpayments, but an additional $13,000,000.  Why $13,000,000?  Well, $1,000,000 trebled is $3,000,000; the …

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