Do You Need a Lawyer to Help You Report Coronavirus Testing Fraud?

The Employment Law Group® law firm is experienced in representing employees who blow the whistle on fraudulent testing practices. Our attorneys have represented doctors, nurses, Medicare billing specialists, accountants, administrators, testing marketers, and other employees in their whistleblower claims. We have testing fraud cases currently in progress.

In September 2019, TELG client Kevin Manieri — an experienced sales professional — was awarded more than $12 million for reporting that a drug company defrauded Medicare and other government insurance programs by encouraging doctors to prescribe an unnecessary medication to patients. In March 2016, our client Joseph Ting was awarded more than $7 million for revealing overbilling and unnecessary testing by 21st Century Oncology, a large cancer-treatment company.

The U.S. government awarded a TELG client 20% of its settlement with a sleep-disorder facility that pretended to diagnose sleep problems. And two TELG clients helped the government reach a $2.8 million settlement with clinics accused of billing Medicare for physical therapy performed by unqualified staff members.

The False Claims Act makes it illegal to bill the U.S. government for — as an example — medically unnecessary respiratory panels or pulmonary tests, or to pay kickbacks or otherwise wrongfully induce pharmacies to dispense certain COVID-19 medications. The law provides a financial incentive for whistleblowers to report such wrongdoing by filing a lawsuit on behalf of taxpayers. This "qui tam" provision allows prevailing plaintiffs to receive up to 30% of the money returned to the U.S. Treasury.

If a whistleblower gets fired for reporting fraud, or suffers other retaliation, the FCA requires that the harm be reversed entirely: Successful plaintiffs may get their jobs back — and may receive damages including attorney fees and payment for emotional distress.

As with all legal claims, deadlines are crucial. If you have been punished for drawing attention to shady behavior by a hospital, medical professional, or pharmaceutical company, you must file a retaliation claim under the FCA within three years. The statute of limitations for the underlying fraud generally is six years under the FCA — or 10 years in a few situations. Other laws, including some relevant state laws, may demand faster action.