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LEGAL UPDATE
split hundreds of thousands of dollars in overpayments — 15% for Gibson
General Hospital and 85% for the Princeton Surgery Center, says the suit.
The FCA has also been cited recently in cases involving a South Carolina
hospital's Stark Law-violating contracts with physicians and a medical device
manufacturer's inducements to surgeons.
When whistles are blown
FCA lawsuits may be filed by private citizens on behalf of the government.
These whistleblowers are often disgruntled or recently terminated employees.
Their inside information is the key: An FCA allegation cannot be based on
publicly disclosed information unless the whistleblower was the original
source of that information.
Although any recovered damages belong to the government, the whistleblower is entitled to a portion of the money, either through settlement or
court judgment. This can range from 10% to 30% of the total, which in some
recent settlements amounted to tens of millions of dollars, so whistleblowers
can be very motivated indeed.
Protecting yourself
There are no strategies guaranteed to shield you from a FCA lawsuit, but
here's what you can do to lessen the possibility you'll ever find your facility
embroiled in a whistleblower situation.
First and foremost, know the rules and stick to them. Your operating policies and protocols should reflect an aim toward comprehensive regulatory
compliance. Make sure all employees are trained to understand the impor1 2 0
O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E | O C T O B E R 2012
