The surge in qui tam litigation — lawsuits brought by private individuals on behalf of the government — represents one of the most important shifts in healthcare law. We’ve witnessed how these cases have reshaped accountability, returning billions to taxpayers while empowering insiders to act against fraud. Before the 1986 amendments to the False Claims […]
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At Barrett Johnston, we regularly advise whistleblowers on navigating one of the biggest risks to reporting fraud: retaliation. The evolution of retaliation protections in U.S. law tells the story of how society gradually learned to value — and legally defend — those who speak out. Early federal protections were minimal. It wasn’t until the Civil
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The Anti-Kickback Statute (AKS) has long been a cornerstone of healthcare fraud prevention — but it wasn’t always enforced with the rigor we see today. The expansion of the AKS over time reflects a growing national commitment to ethical healthcare practices. Originally enacted in 1972, the AKS made it illegal to knowingly offer or receive
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We often remind clients that the False Claims Act (FCA) — though written during the Civil War — is continually shaped by modern court decisions. Over the decades, several U.S. Supreme Court rulings have refined how the FCA is interpreted, influencing everything from what counts as a “false claim” to how whistleblowers can recover damages.
Notable Supreme Court Rulings on FCA Interpretation Read More »
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
Medicare and Medicaid Fraud Enforcement History Read More »
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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When the Sarbanes-Oxley Act (SOX) was enacted in 2002, corporate America was still reeling from major scandals like Enron and WorldCom. At Barrett Johnston, we see this law as a key turning point in how whistleblowers were viewed—not as troublemakers, but as vital defenders of financial integrity and public trust. The Sarbanes-Oxley Act introduced sweeping
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Strong whistleblower protections are the backbone of meaningful fraud enforcement. The Whistleblower Protection Act of 1989 (WPA) stands as one of the most important milestones in this evolution—especially for federal employees who witness wrongdoing from within. Before the WPA, government workers who reported fraud, abuse, or waste were often left exposed to retaliation. The 1989
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The False Claims Act (FCA) has been on the books since the Civil War, but by the mid-20th century, its impact had faded. That changed in 1986, when Congress passed a major amendment that revitalized the law and transformed it into the powerful whistleblower tool we know today. At Barrett Johnston, we often trace modern
FCA Amendments of 1986 Read More »
From 1863 contractors to today’s hospitals and drug companies, it has always taken brave insiders to expose fraud. The False Claims Act (FCA) is one of the most important laws in the fight against fraud against the United States government, and its story begins during the American Civil War. In 1863, President Abraham Lincoln signed
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