Long Term Care, Hospice, and Skilled Nursing Facilities Fraud

The Denver qui tam attorneys at The Wilhite Law Firm provide qualified legal representation to individuals who have exposed fraud and corruption in long-term care, hospice, and skilled nursing facilities. When medical whistleblowers expose illegal business practices, they perform a noble public service. They expose criminal activity and protect vulnerable patients from fraudulent companies and facilities.

It can be frightening to expose corruption, particularly in a large and powerful organization. If you work for a long-term care, hospice care, or skilled nursing facility that has engaged in illegal acts, your employer might try to retaliate against you for blowing the whistle on their activities. You will need a skilled qui tam attorney to guide you through the legal process, advocate for your interests, and protect your rights under the False Claims Act.

Qui tam is a complicated area of the law, but the knowledgeable whistleblower lawyers at The Wilhite Law Firm can offer you solid legal advice and help you successfully resolve your case. If the federal government decides to take your case, you could also benefit financially from any compensation it secures.

Contact The Wilhite Law Firm today for a free, no-risk consultation.

What Is Long-Term Care, Hospice, and Skilled Nursing Facilities Fraud?

Long-term care, hospice, and skilled nursing facilities can commit fraud against the government in numerous ways. Some of the most common ways that these facilities commit fraud include:

• Providing unqualified patients with specific services and then billing Medicare for those services
• Providing more services than necessary for patients and billing Medicare or Medicaid for those unnecessary services
• Failing to provide essential medical care to patients and then billing Medicare or Medicaid anyway
• Billing Medicare or Medicaid for a higher per diem rate than necessary for patients
• Misclassifying patients deliberately to collect higher per diem rates
• Providing services that patients do not require
• Paying medical providers who send patients to a facility through kickbacks
• Failing to provide the necessary care to increase profits from daily rates paid by the government

If you work in a long-term care, hospice, or skilled nursing facility, it is crucial that you familiarize yourself with the various types of fraud these companies sometimes commit.

What Is the False Claims Act?

The False Claims Act (FCA), also referred to as The Lincoln Law, is a federal law that allows the government to hold companies and organizations liable for damages if they engage in fraudulent or illegal acts. The law was established back in the 1800s.

Under the False Claims Act, the government can penalize any entity that submits a false claim by charging them three times the government’s losses and a financial penalty per untrue claim.

Through the False Claims Act, private citizens (referred to as “relators”) can bring a qui tam lawsuit against the fraudulent organization or company on the government’s behalf. Relators are often whistleblowers who work for the company in question. According to the U.S. Department of Justice, most lawsuits initiated under the FCA have been brought by whistleblowers. Per the FCA, relators are usually eligible to receive a portion of the government’s losses, should the case be successful.

What Is a Qui Tam Case?

A qui tam case involves a non-government worker who brings a lawsuit against a company or organization on behalf of the government. If the case can be proven in court and the government successfully obtains compensation, the person who brings the lawsuit is typically entitled to claim a portion of the government’s reward.

Through a qui tam lawsuit, a private citizen can assist the government in holding fraudulent entities accountable for illegal activity. Whistleblowers have recovered billions of dollars for the government through qui tam suits.

Typically, whistleblowers must retain legal counsel. Their attorney will file the qui tam lawsuit on their behalf, as required by the government. The government will then review the information and determine whether to pursue the case. To obtain a reward, you must be the first person to report the fraudulent activity, and the information you provide cannot already be publicly known.

If you have uncovered evidence of fraud or wrongdoing at your company or organization, it is important to act fast. Otherwise, someone else may file the claim first, and you will not be eligible to obtain a portion of the government’s financial award. You should avoid speaking about the case to anyone else. Qui tam cases are supposed to be confidential during the investigation process. Qui tam cases take time. Litigation can be time-consuming, so you may not obtain results as quickly as you’d prefer.

Am I Protected If I Become a Whistleblower?

Whistleblowers are protected by the False Claims Act, whether you are a company employee, an independent contractor, or an agent. The FCA prohibits employers from retaliating against whistleblowers for exposing criminal activity. If your employer retaliates by terminating your job, harassing you, threatening you, demoting you to a lower-paying position, or taking other retaliatory action against you, you can sue them. You could be reinstated to your former position, receive any losses you suffered, and recover double back pay.

What Compensation Is Available for Being a Whistleblower?

If your case is successful and the government wins, you are entitled to receive a portion of the compensation the government receives. In general, most whistleblowers are eligible to receive anywhere from 15 to 25 percent of the government’s award. If the government does not take up the case and you decide to pursue it anyway, you could be eligible for more compensation (between 25 and 30 percent of the total award) if you are successful.

Numerous factors will impact the total award amount, including the strength of the evidence, your attorney’s experience and skill, and your willingness to see the case through.

Contact a Long Term Care, Hospice, and Skilled Nursing Facilities Fraud Attorney in Colorado Today

If you have uncovered fraud in a long-term care, hospice care, or skilled nursing facility, contact the Denver qui tam lawyers at The Wilhite Law Firm. We will help you pursue justice while safeguarding your rights.

There are severe risks to blowing the whistle on illegal activity, especially if you don’t have legal representation. You need an accomplished lawyer with an in-depth understanding of qui tam law and experience representing Colorado whistleblowers. You need The Wilhite Law Firm. Reach out today for a free, no-risk case assessment.