How to be an Effective Whistleblower
1. Collect as much documentary evidence including emails, forms, and budget sheets as possible that clearly show a fraud has taken place
2. Pre-Screen and organize documentation prior to giving to attorney based on topic and importance
3. Insure there is no attorney-client communications in documentation
4. Above all be prepared to be patient, justice takes time
False Claims Act
The Federal False Claims Act provides a powerful tool to stop nursing homes from mistreating patients and ripping off Medicare and Medicaid. If nursing homes are provided a proper environment they should not be billing for the services. The False Claims Act is here.
How does it work?
1. A whistleblower discovers that a nursing home is defrauding Medicare or Medicaid;
2. The whistleblower contacts a private attorney and reports the allegations of fraud;
3. The attorney agrees to represent the whistleblower, and files a qui tam complaint under seal alledging fraud against the nursing home on the whistleblower's (now relator) behalf;
4. The attorney then files a "disclosure statement" with the US Attorneys Office that contains substantially all of the evidence the relator has against the nursing home;
5. The Department of Justice investigates the allegations of fraud, and decides whether to intervene on behalf of the relator or decline to intervene;
6. If the DOJ intervenes, then it will likely settle with the nursing home to pay a large fine, which the relator will be entitled to between 15 and 25 percent of the amount recovered by the government in the action and legal fees associated with the action;
7. If the DOJ does not intervene, then the relator may continue the case on behalf of the government, and shall be entitled to between 25 and 30 percent of any amount recovered by the government in the action and legal fees associated with the action.