U.S. Supreme Court Says Government Can Dismiss Whistleblower Lawsuits
Elizabeth E. Hogue, Esq.
Whistleblowers have brought many qui tam law suits against providers based on the False Claims Act. Enforcers love them! Now the U.S. Supreme Court has decided, in United States ex rel. Polansky v. Executive Health Resources [No. 21-1052 (U.S. June 16, 2023)], that the Government may dismiss such suits over the objections of persons or relators who filed them. This case is important to providers because it may make it more difficult for whistleblowers to continue their qui tam lawsuits.
The False Claims Act authorizes private parties, known as relators, to sue on the Government’s behalf. These suits, so-called qui tam actions or whistleblower suits, are brought in the name of the Government. If suits lead to recoveries, relators may receive up to thirty percent of monies recovered.
Patients’ Right to Freedom of Choice of Providers: Complaint by Provider against Hospital Substantiated by State Surveyors
Home care providers of all types; including home health agencies, hospices, private duty agencies and HME companies; that receive any monies from federal or state programs; such as Medicare, Medicaid, Medicaid waiver, or Tricare; must make fraud and abuse compliance a top priority. As patients and their families become more familiar with fraud and abuse in the Medicare and Medicaid Programs and in other state and federal health care programs, the number of communications related to this topic from patients and their families is likely to increase. A crucial question for managers is how to handle these allegations.
CMS Posts Memorandum on Nursing Shortage: CMS states that findings from the Bureau of Labor Statistics continue to forecast a shortage of nurses through 2024 with a job growth rate that is faster than the average. In remote instances, a hospice provider may find that a shortage of nurses creates a temporary impact on its ability to provide nursing services to patients and as a result may create an access to care concern for hospice beneficiaries.
Upon election of hospice the patient should expect the hospice to provide for all services related to the patient’s terminal illness and related conditions, including ensuring the patient’s rights are respected. Failure of the hospice to comply with the Medicare requirement related to patient’s rights has the potential to lead significant consequence, such as patient neglect which may cause harm to the patient.
Dear MaineHealth patient,
