Sixth Circuit Revives $35 Million Whistleblower Action Against Senior Living Centers

In a divided opinion, the Sixth Circuit Court of Appeal overturned a lower court order dismissing a $35 million whistleblower suit against Brookdale Senior Living Communities. The suit was filed by a former employee of Brookdale who was tasked with reviewing Medicare claims prior to their submission. The whistleblower alleged that it was Brookdale’s policy to enroll as many residents as possible in home health care services that were billed to Medicare, even when the treatments were not medically necessary. She also alleged that Brookdale submitted claims to Medicare without obtaining the required physician certification of need, or that Brookdale obtained the certifications after the fact. Read More ›

Whistleblower Law for Whistleblowers: A Practical Guide

Part 4: Who Can Be a Qui Tam Plaintiff? And What Is the Basic Process? Read More ›

Whistleblower Law for Whistleblowers: A Practical Guide

Part 3:  Whistleblower Rewards: An Introduction to the False Claims Act Read More ›

Whistleblower Law for Whistleblowers: A Practical Guide

Part 2: Protecting Whistleblowers From Retaliation Read More ›

Whistleblower Law for Whistleblowers: A Practical Guide

Part 1: Am I a Potential Whistleblower? Read More ›

Fraud Trends In the Medical Laboratory Industry

The clinical laboratory industry continues to be a hotbed for Medicare and Medicaid fraud, as well as fraud and overbilling in connection with tests covered by private insurance. Read More ›

“Unclean Hands”? Whistleblowers Who Are Caught In the Thick of the Fraud

Potential whistleblowers are sometimes afraid that if they bring their employer’s fraudulent scheme to light, the government will come after them for being involved in the fraud. While certainly possible, it is exceptionally rare. After all, the vast majority of money recovered by the federal government in False Claims Act cases comes from cases initiated by whistleblowers; scaring off whistleblowers would not be good business for the Department of Justice. Read More ›

“No One Buys Groceries With Stock”: SCOTUS Grants Cert To Decide Stock Options Compensation Case

The U.S. Supreme Court on Friday announced that it will review a Seventh Circuit decision finding income from $13.3 million given to employees was taxable. Read More ›

Genetic Tests: Regulation, Risk, and Reward

Direct to consumer genetic testing promises that with a couple dollars and a test tube filled with saliva, anyone has the power to look inside their DNA to assess health risks. In contrast to a traditional genetic test performed and interpreted by a physician, a direct to consumer (DTC) genetic test allows individuals to test themselves and bypass the physician and insurance provider. Read More ›

Lyme Disease Testing: A Regulatory ‘Wild West’

Lyme disease is the most common tick-borne disease in the United States. Diagnosis and treatment stir confusion and controversy among patients, doctors, and alternative care providers. Some have capitalized on this confusion, creating a market for laboratory developed tests to diagnose the disease. Read More ›