Saturday, October 24, 2015

Facts about Whistleblowing

     Most whistleblower cases take advantage of the False Claims Act, a piece of legislation that is used to accuse and indict doctors who accept Medicare and Medicaid patients.  Any business that bills the government for services is vulnerable to charges under the False Claims Act.  A "false claim" is when an individual knowingly bills the government for services that weren't provided.  In the medical field, the government expands this definition to included services that "weren't necessary," thereby allowing FBI agents and federal prosecutors to step into the physician's role, deciding sans patient, sans symptoms, whether a medical test or treatment was necessary or not.
     In my case, most of the 210 charges in the original indictment are based on the contention that I provided services (hearing tests, counseling about diet, weight loss, addiction) that "weren't necessary."  In some cases, the government claims there isn't enough documentation in the chart to support a claim that services were provided, especially counseling services.  
     Eighty percent of whistleblowers end up with nothing:  their accusations are baseless, the cases have no merit.  Of the whistleblowers who collect a reward for reporting physicians and other government service providers, the average payment is $150,000.  Attorneys take forty percent of whistleblower payments, and taxes take thirty percent or more (see:  Whistleblower Awards).
     If there is justice in our legal system, there will be no whistleblower payment related to my indictment and there will be no case won by the government, because there isn't a legitimate case against me.

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