The Civil Monetary Penalties Law (CMPL) is a critical but sometimes overlooked companion to the False Claims Act. While the FCA focuses on fraud, the CMPL targets a wide range of misconduct that wastes federal healthcare funds. When the conduct at issue concerns federal healthcare programs such as Medicare, the CPML is generally administered by […]
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The Tenet Healthcare fraud case of 2006 revealed just how deeply kickback schemes and improper financial incentives can distort patient care in the U.S. healthcare system. At Barrett Johnston, we point to this case as a key example of how whistleblowers expose corruption that harms both patients and taxpayers. In 2006, Tenet Healthcare Corporation, one
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When fraud occurs in the healthcare system, the financial consequences can be staggering. That’s why damages and penalties under the False Claims Act (FCA) and related laws are structured to deter misconduct while rewarding accountability. At Barrett Johnston, we’ve helped clients understand how these numbers add up — and why they matter. Under the FCA,
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The Whistleblower Protection Act of 1989 (WPA) marked a defining moment for federal employees who risked their careers to report wrongdoing. At Barrett Johnston, we view it as a foundational piece of modern whistleblower law — one that inspired broader protections across industries, including healthcare. The WPA was designed to protect federal employees who disclose
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At Barrett Johnston, we’ve seen firsthand how the federal government’s approach to Medicare and Medicaid fraud has evolved from modest oversight to one of the most sophisticated enforcement systems in the world—albeit a system that is still limited in its ability to stop fraud, waste, and abuse. Understanding that history helps explain why today’s whistleblowers
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The Johnson & Johnson (J&J) $2.2 billion settlement in 2013 stands as another major milestone in healthcare fraud enforcement—particularly in curbing deceptive pharmaceutical marketing. The case centered on allegations that J&J and its subsidiaries promoted several prescription drugs, including Risperdal and Invega, for off-label uses not approved by the FDA. The company was also accused
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One of the most unusual features of qui tam actions under the False Claims Act (FCA) is how cases begin—with the filing of a sealed complaint. When a whistleblower files a qui tam lawsuit under the FCA, that complaint is filed under seal. This means it’s kept confidential from the public, and even from the
The Affordable Care Act (ACA) is often discussed in terms of its expansion of healthcare coverage. A lesser-known aspect of this law is that it contained various provisions that significantly improved healthcare fraud enforcement and punishment. Passed in 2010, the ACA introduced new tools to fight healthcare fraud, waste, and abuse. It strengthened enforcement under
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Few cases better illustrate the scale of healthcare fraud than the qui tam action against HCA Healthcare. That case ultimately settled in 2000 and marked a major achievement in federal FCA enforcement. The case stemmed from widespread allegations that HCA, one of the largest hospital chains in the U.S., engaged in fraudulent billing practices. The
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One of the first questions we hear from potential whistleblowers concerned about retaliation is: “What exactly counts as protected activity?” Understanding this term is crucial for anyone considering pursuing a whistleblower action. Protected activity refers to actions taken by an employee to expose, oppose, or report illegal or unethical conduct—particularly fraud against the government. Under
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