Although most of the early successes in Qui Tam actions have been against defense contractors, more and more actions are being filed that involve other Federal agencies such as Health and Human Services, EPA, Energy, Education, NASA, Agriculture, Transportation. These cases may involve violations of labor and environmental statutes. Recent fraud actions have been filed against hospitals, pharmaceutical manufacturers, physicians, towns, cities, and counties.
SOME EXAMPLES:
“Phantom Billing” - Billing for tests not performed, or products not delivered.
Billing for performing inappropriate or unnecessary procedures.
Overcharging for items purchased for much less.
Charging for equipment/supplies never ordered.
Billing for new equipment but providing used equipment.
Billing for expensive equipment but providing cheap equipment.
“Code Jamming” - Labs inserting fake diagnosis codes to get Medicare/Medicaid coverage.
Submitting multiple bills, to obtain a higher reimbursement for tests, products or services.
“Double Billing” - Charging more than once for the same service.
“Up Coding” - Billing for complex services when only simple services were performed.
Billing for brand-named drugs when generic drugs were provided.
“Phantom Employees” - Expensing employees or hours worked that do not exist.
“Improper Cost Reports” - Submitting false cost reports seeking higher reimbursements.

These and many more examples exist of how and where fraud is being committed.

DOCUMENTATION IS KEY:
Unless someone knowingly made a false statement to the Government, there will not be a basis to file suit under the False Claims Act. It is important to describe and help your attorneys understand as many of the details about the fraudulent act as possible—the actual false claims, the people involved, the regulations that were violated and the operation of the claim’s process—both at the company and at the Government. Journals, memos, documents and notes are very helpful.

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