The Nuts and Bolts of Filing a Whistleblower Case
William Mack Copeland, MS, JD, Ph.D., LFACHE, practices health care law in Cincinnati at the firm of Copeland Law, LLC. He is also president of Executive & Managerial Development Group, a consulting entity providing compliance and other fraud and abuse related services. Bill has been lead counsel in several False Claims Act lawsuits. A graduate of Northern Kentucky University Salmon P. Chase College of Law, Bill is a frequent author and speaker on health law topics. Copeland is a member of the American Health Lawyers Association, American, Ohio and Cincinnati Bar Associations and is a life fellow in the American College of Healthcare Executives. A former hospital chief executive officer, he was awarded the American College of Health Care Executives Senior-Level Healthcare Executive Regent’s Award in 2007.
The webinar 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 a violation of other federal laws can form 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 webinar 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 of the AKS available safe harbors and Stark exceptions. It will also show how violation of the AKS or Stark can form the basis of an 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. 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.
- 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
Course Level - Basic
Who Should Attend
Anyone who potentially has evidence of a false claim, particularly Hospital, nursing home, and other healthcare provider employees, contractors, and suppliers. This would include but not be limited to:
- Hospital Executives
- Physician Practice Managers
- Other Healthcare Provider Executives
- Attorneys representing health care providers and practitioners who want to understand how the FCA works
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.