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.

When Trayvon Martin was shot, were more fingers on the trigger than Zimmerman’s?

It is far from certain whether George Zimmerman will be indicted for murder because all of the facts have yet to be disclosed. Even the 911 tape in which the operator tells Zimmerman not to follow Martin, has portions which may indicate that Zimmerman believed Martin to be approaching him and armed, and felt “in fear of his life.” That could work as much in his favor as against him. Either way, though, there will be a civil lawsuit which will raise additional questions.

When Mr. Zimmerman pulled the trigger and killed Trayvon Martin, there may have been more people holding the gun than just him. He was a member of the homeowner’s association and, presumably, acting on their behalf to “patrol” the area. Will the association be liable for his actions? Will the other members of the association? If it is incorporated, will that protect them? We do not yet have the answers to these and other questions, but when they come, they may affect us all. What do you think?