News & Analysis as of

Health Care Providers Whistleblower Protection Policies

Kohn, Kohn & Colapinto LLP

DOJ and Whistleblowers Crack Down on Illegal Kickbacks: Major Qui Tam Settlements from July 2024

In July, the U.S. Department of Justice (DOJ) and U.S. Attorneys Offices announced several large False Claims Act (FCA) settlements stemming from qui tam whistleblower suits....more

Oberheiden P.C.

A Handy Guide for Healthcare Whistleblowers

Oberheiden P.C. on

The healthcare industry relies heavily on whistleblowers to bring fraudulent conduct and other forms of waste and abuse to the attention of regulators, law enforcement, and the public in general. If you have found signs of...more

Health Care Compliance Association (HCCA)

[Webinar] Benchmarking Your Whistleblowing Hotline & Incident Reporting Program - April 11th, 12:00 pm - 1:30 pm CT

Learning Objectives: Demonstrate an understanding of the key findings from NAVEX's 2023 Hotline Incident Management Benchmark Report, with a focus on healthcare, the implications of third-party reporting and the impact of...more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

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Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

Bass, Berry & Sims PLC

Expect More Cyber-Enforcement under the False Claims Act

Bass, Berry & Sims PLC on

Earlier this month, the White House released the National Cybersecurity Strategy Implementation Plan outlining specific “high impact initiatives” that the federal government will carry out to achieve its cybersecurity...more

Society of Corporate Compliance and Ethics...

[Event] 11th Annual European Compliance & Ethics Institute - March 20th - 22nd, Amsterdam, Netherlands

In-person is back! Join us in Amsterdam for the 2023 European Compliance & Ethics Institute! Strengthen your compliance and ethics program by attending our 11th annual European Compliance and Ethics Institute, 20-22 March...more

Proskauer - Health Care Law Brief

False Claims Act Spotlight (2 of 3): Recent Proposed Amendments to the FCA Fall Short of Cohesive and Substantive Change

In July 2021, Senator Chuck Grassley led a bipartisan group of senators in introducing S.B. 2428, the “False Claims Amendments Act of 2021,” which aims to address legal developments in FCA doctrine that, according to the...more

Akerman LLP - Health Law Rx

Decision Reminds Providers of Limits on Restricting Employee Communications with Media

Hospitals and medical groups that bar staff from communicating with the media should take another look at those prohibitions following a recent federal appellate decision finding such a policy unlawful under the National...more

Health Care Compliance Association (HCCA)

[Virtual Event] 2021 Regional Healthcare Compliance Conference - New York - May 7th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Healthcare Compliance Conferences provide updates on the latest news in regulatory requirement, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask...more

Rumberger | Kirk

Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation

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In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more

Kelley Drye & Warren LLP

Not What The Doctor Ordered – A New Whistleblower Law for NY Healthcare Employers

Here’s the scenario – Your Ambulatory Clinic just reopened in May, and since then one of the RN’s, let’s call her Rita, has been late multiple times, and is often on her phone when she should be working. When she was called...more

Fisher Phillips

Whistleblower Lawsuit Can Teach Healthcare Employers How To Proactively Manage COVID-19 Risks

Fisher Phillips on

It is no surprise that COVID-19 whistleblower lawsuits are being filed against healthcare employers – and a recent claim filed by a former assistant director at a nursing home facility reveals ways in which healthcare...more

Health Care Compliance Association (HCCA)

Compliance Perspectives: Compliance Lessons from Theranos

Tyler Schultz, like many others, was entranced by the vision of Theranos and its charismatic founder Elizabeth Holmes. He would not remain so for long, ultimately sharing his concerns with her, his grandfather (a member of...more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

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Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

Husch Blackwell LLP

California And Illinois Move Forward On Healthcare Laws To Protect Patient Safety

Husch Blackwell LLP on

Key Points- California law provides enhanced whistleblower protection to employees who work in healthcare facilities, protecting their right to speak privately with state regulators....more

Baker Donelson

Tips for Providers to Cope with the Challenge of Whistleblower Retaliation Claims

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Operating in the long term care (LTC) industry is undoubtedly challenging. On top of limited reimbursement from government payors, there are stringent regulations, surveys and other forms of regulatory scrutiny, malpractice...more

Saul Ewing LLP

Third Circuit Clarifies Definition of “Report” in the Emergency Medical Treatment and Active Labor Act’s Whistleblower Protection...

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In Gillispie v. RegionalCare Hospital Partners, Inc., No. 16-4307, 2018 WL 2926041 (3d Cir. June 12, 2018), the Third Circuit recently concluded that the plaintiff had not made a cognizable “report” within the meaning of the...more

FordHarrison

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

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The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

Holland & Knight LLP

Healthcare Law Update: December 2016

Holland & Knight LLP on

Prompt Payment Discounts Not an Anti-Kickback Statute Violation - In United States of Am. et al. ex rel. Ruscher v. Omnicare, No. 15-20629, 2016 WL 6407128 (5th Cir. Oct. 28, 2016), the court of appeals affirmed summary...more

Akerman LLP - HR Defense

OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door?

A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. ...more

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