Tag Archives: whistleblower

California Decision Allows Physician to Challenge Sham Peer Review as Whistleblower Retaliation

In Fahlen v. Sutter Central Valley Hospitals, the California Supreme Court found: A physician is not required to first exhaust his administrative remedies through the medical staff appeals process in order to challenge sham peer review as whistleblower retaliation; and Dr. Fahlen qualified as a whistleblower for purposes of the California Whistleblower Act. The California … Continue Reading

Fifth Circuit Clarifies Qui Tam Public Disclosure Bar

  The Qui Tam process is designed to encourage and Whistleblowers or “relaters” to disclose illegal billing arrangements by paying a percentage of any recovery to the relaters for providing “confidential” information. The theory is that these individuals will be providing information with would not otherwise become available. A corollary to this theory is that relaters cannot … Continue Reading

Kosenske Whistleblower Case Will Present False Claims Act Issues to Jury

The United States District in Kosenske v. Carlisle HMA Inc. has concluded that this whistleblower case must go to trial on the factual issue of whether Carlisle Hospital violated the False Claims Act by submitting claims for anesthesia services provided arising from referrals from Blue Mountain Anesthesia Associates (BMAA). Dr. Kosenske, the whistleblower in this case, … Continue Reading

President Signs Major Whistleblower Anti-Fraud Law

  Washington, D.C.  May 20, 2009.   Today President Barack Obama signed the Fraud Enforcement and Recovery Act of 2009.   The Act significantly expands protections for whistleblowers who expose fraud in federal contracting. This new law fixes problems in the False Claims Act, extends whistleblower protections to those who work for contractors and provides new funds … Continue Reading