Filoromo and LaGarde Discuss Whistleblowing in the Health Care Industry

February 3, 2017

Katz Banks Kumin partner Michael Filoromo and associate Matthew LaGarde published an article in Westlaw Journal Health Care Fraud‘s February 2017 issue entitled, “Blowing the Whistle on Fraud in the Health Care Industry.” In the article, Mr. Filoromo and Mr. LaGarde discuss the role the False Claims Act (FCA) can play in combating health care fraud. Originally established during the Civil War to thwart efforts to misappropriate government funds, the FCA plays a crucial role in incentivizing whistleblowers from a number of industries to report fraud to the government.  As Mr. Filoromo and Mr. LaGarde note, “From 1987 through September 2016, the DOJ collected more than $53 billion for U.S. taxpayers from companies alleged to have defrauded the government.” Such fraud may occur when companies that receive reimbursement from government healthcare programs, such as Medicaid and Medicare, fail to comply with their legal and contractual duties to the government and taxpayers. As Mr. Filoromo and Mr. LaGarde explained, FCA violations in the healthcare and pharmaceutical industries include a variety of violations, including “off-label marketing, kickbacks, failure to report adverse events and violations of current good manufacturing practices.” The authors added, “Whistleblowers in the health and human services industry save taxpayers money and serve the public by identifying a wide range of conduct amounting to fraud against the government.”  They concluded, “Because the government cannot be everywhere at once, whistleblowers are often the public’s first line of defense against fraud.” Read the full article here.

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