Long-term care providers and others have felt the sting of False Claims Act litigation deeper than they have cared to through the years, but now there’s a new, potent “whistleblower” program that could produce even more aggressive legal problems for providers.
It’s the Corporate Whistleblower Awards pilot program and it started quietly in August. Despite the “pilot” in its name, one expert warns the label merely means federal officials are in the process of honing it to make it more ironclad by the time it comes to make it permanent.
Paul Werner, a principal attorney with Buttaci, Leardi & Werner, explains that the new pilot is being conducted under the auspices of the Criminal DIvision of the US Department of Justice. It is “quite a bit more” than the False Claims Act, he says, for a couple of reasons. First, it doesn’t limit its scope to federal healthcare payers and second, it focuses on allegations in a criminal — as opposed to civil — light.
“I think anything the government openly describes as a ‘bounty program’ should be concerning to anybody,” Werner tells McKnight’s Executive Editor James M. Berklan in this McKnight’s Newsmakers podcast.
A veteran provider defense attorney who has dealt with various federal agencies for years, Werner delves into nuances of the new program especially pertinent for long-term care providers. He details who might be most likely targeted, and how, as well as how providers can steer clear of prosecution. He also discusses when the first accusations probably will be announced, making this a must-listen episode for anyone working in the sector.
