You have to feel sorry for whistleblower Darilyn Johnson. The former billing clerk thought she had a sure-fire, double-barrel False Claims Act (FCA) case against the medical clinic that fired her. Barrel one was her basic FCA case. Darilyn could prove that when the allergy clinic filled out its Medicare …
Criminal Conviction Leaves Defendant Defenseless in FCA Civil Action
February 2, 2016 Leave a Comment
Pity Dr. Christina Clardy. In 2011 she was convicted of health care fraud, sentenced to 135 months in prison, and ordered to pay $16 million in restitution. Then in 2014 the government added Christina as a defendant in its pending False Claims Act (FCA) civil action against her cronies in the physical …
Was Whistleblowing a Reason for Firing or the Reason?
January 26, 2016 Leave a Comment
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 …
Delayed Filing Date for 2015 Forms 1094 & 1095
January 5, 2016 Leave a Comment
On December 28, the IRS issued Notice 2016-4, in which it delayed the deadline for filing 2015 Forms 1094 with the IRS and providing 2015 Forms 1095 to individuals. This will likely come as a great relief to many employers who have been figuring out how to complete these new forms, which are required to comply …
Triple Damages Sufficiently Punitive to Bar Punitive Damages
January 5, 2016 Leave a Comment
Jennifer Gierer says she was fired because she expressed concerns about her employer’s submission of false durable medical equipment claims to Medicare. So she sued her employer and her boss, alleging (a) retaliation under the False Claims Act, (b) unpaid wages and commissions under Missouri law, (c) unjust …
7th Cir. Won’t Let EEOC Skip Pre-Suit Conciliation
December 18, 2015 Leave a Comment
When CVS fired store manager Tonia Ramos in 2011, it offered her its standard severance agreement that included a broad release of waivable claims, including claims under Title VII, but explicitly preserving the right to participate in any proceeding enforcing discrimination laws. Tonia signed. A month later …