The False Claims Act incentives individuals to report fraud by rewarding whistleblowers with up to 25 percent of any recovery. Damages under the FCA may include treble damages and fines. The Act also contains provisions to protect the whistleblower from workplace retaliation.
The most common type of fraud captured by the False Claims Act is healthcare fraud, specifically Medicare and Medicaid fraud. The most common fraudulent schemes are:
- Billing for service that are not renders
- Up coding
- Billing for service that are not medically necessary
- Improper kickback
It is important that a whistleblower follow specific rules and guidelines to protect his/her rights under the False Claims Act. Consulting experienced whistleblower lawyer is a must before deciding to report fraud.