Whistleblower Protection

The diagnosis: Cancer. Few words have the power to alter one’s life as dramatically as those six letters linked with the phrase – “test results.” The Journey begins. The two critical elements for any cancer patient are affordable care and a physician that, above else, you can trust with your life. There is an ethical expectation that providers will live up to their oath to make the patient’s need their top priority, abstain from medical malfeasance and recognize and be mindful of the impact their patients’ care can have on the stability of their families and finances.⁽¹⁾

Tuesday, March 8, 2016, a press release by the Department of Justice ⁽²⁾ announced a $37-million-dollar settlement with 21st Century Oncology Inc., the nation’s largest physician led integrated cancer care provider, and its wholly owned subsidiary South Florida Radiation Oncology LLC. The False Claims Act lawsuit included allegations that they defrauded Medicare and other federal health care programs including TRICARE, the Department of Defense military health program supporting our uniformed services.

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The Star Tribune published an article today about how a mental health agency, Complementary Support Services, that was supposed to provide quality services to a vulnerable population, instead is reported to have engaged in rampant fraud that “bilked the state’s Medicaid program of millions of dollars and provided inadequate supervision of unlicensed practitioners.” That private agency is now the subject of a federal and state False Claims Act qui tam lawsuit that resulted from a report to the government by a former employee.

The False Claims Act is designed to encourage citizens to challenge conduct that cheats private agency clients and wrongfully takes taxpayers money to do so. It also provides whistleblower protection to employees who are treated badly or fired because they challenge, report or refuse to engage in illegal conduct. The goal of the law is to stop fraud in its tracks by encouraging oversight by employees, recipients of services and the public.

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In the past several years For-Profit Colleges and Universities have been under intense scrutiny by both state and federal agencies for claims that they mislead prospective students about placement rates, starting salaries, and credit transfer. Students often obtain federally insured student loans and grants to attend these schools. In fact, the Department of Education has estimated that about 90% of students obtain some form of student aid to attend For-Profit schools- a significantly higher percentage than those who attend public and private post-secondary institutions. However, after graduation, students from For-Profit schools are much more likely to default on their loans because they are unable to secure employment as readily as their peers who graduate from public and private universities and colleges.

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