tci Medicare Compliance & Reimbursement - 2003 Issue 11

False Claims Act: BELL TOLLS, WHISTLE BLOWS FOR CITY- AND COUNTY-RUN FACILITIES

The harsh penalties of the powerful False Claims Act can be levied against a wider range of health care organizations than you might think. In a March 10 ruling, the U.S. Supreme Court settled a vexing FCA dilemma that had federal appeals courts at odds with each other — and certain health care facilities puzzled over whether whistleblowers could use the draconian law against them. The question at issue: Are local governments — a category that includes city- and county-run health care organizations — legitimate targets for FCA cases. The answer, in a nutshell, is yes. The case...

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