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09 May

False Claims Act

Violating the Federal False Claims Act is a serious matter; healthcare providers and their
employees can be liable for civil penalties of $5000 to $10,000 for each false claim submitted and may also be exposed to repayment of three times the damage sustained by the government. A Boca Raton healthcare attorney can assist the compliance officer of a healthcare, pharmaceutical or medical device company to ensure inadvertent violations do not occur.

Understand the Rules

Different rules apply for different goods or services billed, and the information provided must be as accurate and complete as possible. An experienced Boca Raton healthcare attorney can provide guidance in understanding correct billing procedures.

Carefully Choose Who Does the Billing

Many healthcare providers opt for independent contractors to perform services such as billing. Whether your entity uses contractors or employees, a Boca Raton healthcare lawyer emphasizes the necessity to aggressively supervise to ensure they understand and are complying with all government regulations. Be particularly skeptical if a contractor promises to maximize recoveries beyond what is typically expected.

Maintain Careful Records and Conduct Regular Audits

Under Federal law, the burden is on the healthcare provider to maintain and furnish, upon request, accurate documentation that all goods and services billed for has actually been provided. Regularly scheduled audits can uncover discrepancies that may require immediate investigation.
Respond Rapidly to Any Perceived or Actual Irregularities
Be proactive in addressing any offense uncovered so that it can be corrected, and steps can be taken to prevent similar problems in the future.

Create an Open Workplace Environment

Too often, whistleblowers report being harassed, threatened or punished when they have alerted management to potential problems. It is far better to provide incentives for employees to feel free to come forward with their concerns.

If You Are a Target

Government investigations take a long time to develop; it is advisable to retain legal counsel immediately rather than wait for the Department of Justice investigators to pile up evidence against you. Early intervention may clear up concerns without extensive allegations of fraud.

The best way to avoid allegations of healthcare fraud is to stay clean. Begin with a call to Webb Millsaps, a Boca Raton healthcare lawyer, at (561) 900-7238.

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