The Nuts and Bolts of Filing a Whistleblower Lawsuit Under the False Claims Act
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Date
Feb 24, 2022 -
Time
13:00 PM EST -
Duration
60 Min
Overview:
The session will
provide an overview of the Federal Civil False Claims Act (FCA) and how it
works. It will also show how to file a Complaint under the FCA, what is
required and how violation of other federal laws can for the basis for an
action under the Act.
We will start with a
review of the Federal False Claims Act and discuss how it works. The webinar
will take the Federal False Claims Act apart and show step by step how an
action is filed, how the government responds and how the courts interpret
various elements of the Act. We will discuss proof, damages under the Act and
how the whistleblower is rewarded for bringing a successful case.
The session will also
provide an overview of the Anti-Kickback Statute (AKS) and the Federal
Anti-Referral Law (Stark), review what they prohibit, as well as a general
review the AKS available safe harbors and Stark exceptions. It will also show
how violation of the AKS, or Stark can form the basis of a FCA action. We will
provide an in-depth review of the AKS and Stark, focusing on what is prohibited
under the law and what the safe harbors and exceptions are. We will also review
the case law, particularly the early case law that sets the stage and basis for
how the courts interpret the law.
Finally, the webinar
will review various cases to show what proof is needed to file an action.
Background:
Recoveries under the
FCA are at an all-time high, and the percentage of actions involving healthcare
organizations has been increasing at exponential rates. Being a whistleblower
and filing a case under the Act can be a very rewarding endeavor.
Session Highlight:
· A review of the
Federal False Claims Act, its history, how it works, its proof requirements,
pleading requirements and damages
· How to file a claim under the False Claims Act
· A review of the Anti-Kickback Statute
· A review of Stark
· A review of recent cases involving the False Claims Act showing what is needed to be a successful relater (the plaintiff in a whistleblower action
Why Should You Attend:
This session is
designed for hospital executives, employees, contractors, and suppliers, as
well as physicians and other health care provider employees, contractors and
suppliers who potentially have evidence of false claims and who desire to bring
an action under the FCA. It will also provide guidance to attorneys and
consultants who advise them. Recovery under the FCA last year resulted in over
$4.9 billion being recovered for the federal government, $59 billion since the
law was revised to make it more relator friendly in 1986.
Since 1986,
whistleblowers have been awarded nearly $4 billion, with over $439 million in
awards in each of the recent years. And whistleblowers are where a majority of
the FCA suits originate. Several recent cases involving healthcare providers
have resulted in huge settlements.
You will want to
attend this webinar to learn how to file an action under the False Claims Act.
Target Audience:
· Hospital employees, contractors,
and suppliers
· Nursing home employees, contractors, and suppliers
· Physician practice employees, contractors, and suppliers
· Durable medical equipment supplier employees and contractors
· Physical therapy practice employees, contractors, and suppliers
· Home healthcare company employees, contractors, and suppliers
· Other non-physician practice employees, contractors, and suppliers
· Drug and medical device company employees and contractors
· Law firms representing health care entities
· Physicians
· Physician Practice Managers
· Healthcare Providers
· Attorneys representing healthcare providers and practitioners who want to understand how FCA works
Ask your question
directly from our expert during the Q&A session following the live event.
William Mack Copeland, MS, JD, PhD, LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC, where he is president and CEO. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. He is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations. A former hospital chief executive officer, he is a life fellow in the American College of Healthcare Executives. He was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.
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