News & Analysis as of

Retaliation Health Care Providers Whistleblowers

Oberheiden P.C.

A Handy Guide for Healthcare Whistleblowers

Oberheiden P.C. on

The healthcare industry relies heavily on whistleblowers to bring fraudulent conduct and other forms of waste and abuse to the attention of regulators, law enforcement, and the public in general. If you have found signs of...more

Baker Donelson

Maryland's New Whistleblower Retaliation Standard

Baker Donelson on

Maryland's highest court announced on August 30, 2023, that a health care employee who claims to have "blown the whistle" on their employer's alleged misconduct must satisfy the "but for" standard of causation to prevail on a...more

Proskauer - Whistleblower Defense

Florida District Court Limits Scope of Protected Activity under the FCA

On March 29, 2022, the U.S. District Court for the Southern District of Florida held that in order to engage in protected conduct under the False Claims Act (“FCA”), a plaintiff must specifically suspect that their employer...more

Nelson Mullins Riley & Scarborough LLP

[Virtual Event] 2022 Central Florida Health Law Forum - April 28th, 11:00 am - 7:00 pm EDT

Please join Nelson Mullins Riley & Scarborough for the 2022 Central Florida Health Law Forum. This year, the event will be offered in-person or virtually and will include networking opportunities and a series of educational...more

Bass, Berry & Sims PLC

Trio of False Claims Act Retaliation Rulings from September

Bass, Berry & Sims PLC on

The False Claims Act (FCA) prohibits employers from retaliating against whistleblowers who report FCA violations. 31 U.S.C. § 3730(h). To plead a claim under this anti-retaliation provision of the FCA, an employee must show...more

Epstein Becker & Green

Podcast: Whistleblowing, Retaliation Risks Are On the Rise for Health Care Employers - Diagnosing Health Care

Epstein Becker & Green on

Since the start of the COVID-19 pandemic, many jurisdictions have enacted protections from COVID-19-related liability claims through legislation and executive orders. These liability shields, however, may give health care...more

Rumberger | Kirk

Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation

Rumberger | Kirk on

In a recent decision by the Fifth District Court of Appeal, the court held that the proper causation standard in retaliation claims brought under Florida’s Private Whistleblower Act (“FWA”) is but-for causation. This...more

Sheppard Mullin Richter & Hampton LLP

New Employment Laws to Look Out for in 2021

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws...more

Kelley Drye & Warren LLP

Not What The Doctor Ordered – A New Whistleblower Law for NY Healthcare Employers

Here’s the scenario – Your Ambulatory Clinic just reopened in May, and since then one of the RN’s, let’s call her Rita, has been late multiple times, and is often on her phone when she should be working. When she was called...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Foley & Lardner LLP

Can A Whistleblower Release Her Retaliation Claim Under The False Claims Act?

Foley & Lardner LLP on

Although a whistleblowing employee typically cannot release fraud claims against her employer brought on behalf of the United States under the False Claims Act (FCA), courts have demonstrated a willingness to enforce properly...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2018 Year in Review

INTRODUCTION - Unlike some recent years, 2018 was somewhat short on headline grabbing news related to the False Claims Act (FCA). There were, to be sure, significant developments in the courts and within the Department of...more

U.S. Equal Employment Opportunity Commission...

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

Mintz - Health Care Viewpoints

Mintz Levin Health Care Qui Tam Update: Recent Developments & Unsealed Cases - September 2015

Trends & Analysis - Since our last Qui Tam Update, we have identified 39 health-related False Claims Act (“FCA”) qui tam cases that have been unsealed. Of those cases...more

Baker Donelson

Provider Fights Back Against Whistleblower's Taking of Provider's Documents

Baker Donelson on

Among the challenges for health care providers facing whistleblower lawsuits is the discovery that a whistleblower has secretly taken the provider’s documents or data. What options are available to the provider? In the recent...more

Proskauer - Whistleblowing & Retaliation

Trends in N.J. Whistleblowing and Retaliation Law – 2014 Roundup

2014 was another busy year for developments in whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy state and federal cases for employers to consider in the new year....more

Benesch

Ohio Supreme Court Holds that an Actual Report of Suspected Abuse or Neglect to the Ohio Director of Health Is Not Required to...

Benesch on

Rather, employees need only report the suspected abuse or neglect of a nursing home resident to their supervisor, coworker or a resident’s family member ? and not to the Ohio Director of Health ? in order to state a statutory...more

Epstein Becker & Green

The False Claims Act and the Health Care Industry: 2014 Year in Review

Epstein Becker & Green on

On Nov. 20, 2014, the U.S. Department of Justice (“DOJ”) announced settlements and judgments for False Claims Act (“FCA”) cases totaling $5.7 billion (compared to $3.8 billion in fiscal year 2013), $2.3 billion of which was...more

Mintz - Health Care Viewpoints

Whistleblower Charges New Mexico Hospital Laboratory Ignored Quality Control Measures

Originally published in BNA’s Health Care Daily Report, 158 HCDR, 08/16/2012. A federal trial judge Aug. 8 unsealed a qui tam whistleblower’s lawsuit alleging that New Mexico based Deming Hospital Corp. submitted...more

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