Changes in federal laws about whistleblowing may make the number of qui tam cases filed increase. The new laws have tighter restrictions on companies, and provide more incentives for whistleblowing. It is now easier to file whistleblower cases, and people can file lawsuits even if they were not the original source of information about the false claims. Companies will have to abide by shorter time restrictions, which cut the time that can pass before “medical providers can be accused of withholding overpayments from Medicare and Medicaid.”
Additionally the laws allow whistleblowers to file lawsuits against healthcare providers pertaining to public disclosure in local or state reports. The healthcare provider must then return payments within 60 days. Should this 60 day time limit not be met, the whistleblower complaints are exposed.
Because of the laws tightening restrictions on companies, while making it easier to whisleblow, it is expected that the number of whistleblowing cases filed will increase.
Source: Bass, Frank. “Health-Fraud Whistleblower Cases May Surge Because Of Federal Law Overhaul.” Bloomberg. 28 July 2010. http://www.bloomberg.com/news/2010-07-28/health-fraud-whistleblower-cases-may-surge-because-of-federal-law-overhaul.html.
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