Qui tam plaintiffs abound; under the federal False Claims Act, virtually anyone can sue a provider, even individuals the defendant hired specifically to find fraud
Article Abstract:
Qui tam lawsuits, filed by often uninvolved individuals against healthcare providers over fraudulent billing, are proliferating. Even a person hired by the provider to investigate its own billing practices can bring such claims, which have amounted to as much as $81 million over $250,000 in false billing. Plaintiffs face relatively few risks if the claim is brought in good faith. Defendants are turning increasingly to Sec 3730(e)(4)(A) of the False Claims Act, which puts restrictions on the standing to file a qui tam suit, for protection.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Justices likely to address resume fraud
Article Abstract:
Surveys have estimated that resume fraud is widespread. Some employers who discover such fraud has taken place during employee dismissal litigation have used this 'after-acquired evidence' as additional reason to justify the discharge. The federal circuit courts have had differing reactions to this practice. The EEOC has held that 'after-acquired evidence' is not a proper defense against liability but allowed its use to limit relief. The Supreme Court will probably eventually have to resolve the conflict among the circuits.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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Justices ducked major issue in 'Hughes.'
Article Abstract:
The US Supreme Court's technical ruling on retroactivity in the Hughes Aircraft case prevented the Court from making a comprehensive examination of the law on procurement fraud whistleblower suits. These qui tam suits have helped to reduce the level of fraud perpetrated by government contractors since the amendments authorizing them in 1986. However, the Court should have addressed the public disclosure defense issue that Hughes asserted in the case.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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