Friday, March 30, 2012

FALSE CLAIMS ACT - VIOLATIONS ARE NOT ALWAYS WHAT YOU THINK.

When physicians and other health care providers hear the words, "False Claims Act," two things go through their minds. First, the enormous awards or settlements that frequently follow such claims. Secondly, "it can't happen to me/us because we never submit a false claim." It's time to understand that a false claim may be different than you think, and take steps to prevent the problem.

Of course, false claims may involve billing for services that were never provided, but there is more to the False Claims Act ("FCA") than you may think. This is one example. The Federal Government expects all claims to represent care provided, at least, at or above the generally accepted standard of care. While a single violation would not lead to prosecution, multiple violations or a trend, most likely would if it were brought to their attention by a whistleblower.

If you care for patients in any institutions, and bill the Federal government or cause such bills to be sent, even by another, you may be liable. Speak with a knowledgeable health care attorney and spend the time and money to review your practices before your name appears in DOJ press releases.

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