Healthcare Rebate Program Kickback Whistleblowers (January Update)

We Can Help You Blow the Whistle on Healthcare Rebate Program Kickbacks and Other Forms of Program Fraud

Medicare and Medicaid false claims cost the federal government (and U.S. taxpayers) more than $100 billion per year. Medical care rebate program fraud also presents risks for patients, as kickbacks and other illicit payments can unduly influence healthcare providers’ treatment and prescription recommendations.

Whistleblowers play an important role in the government’s fight against kickbacks and other forms of healthcare rebate program fraud. If you have information about unlawful kickbacks, improper rebate program billings or receipts, or any other form of healthcare false claims, it is important that you come forward. The information you provide to the federal government could help preserve taxpayer dollars—and, even more importantly, protect patients—and coming forward is absolutely the right thing to do in your situation.

As a potential whistleblower, it is also important to know that you are not alone. Healthcare rebate program fraud is a pervasive issue, and the federal government routinely works with whistleblowers to hold bad actors accountable. Whether you feel a moral obligation or a civil duty, when you come forward, you will be helping to safeguard one of the most important institutions in our society.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

We Represent Healthcare Rebate Program Whistleblowers Nationwide

At Oberheiden P.C., we represent medical care rebate program whistleblowers nationwide. We assist employees, contractors, and other individuals with exposing all forms of fraud under Medicare, Medicaid, and other federal healthcare programs. This includes illegal health care rebate program kickbacks as well as fraudulent program billings and other illegal practices.

What Qualifies as an Illegal “Kickback” Under Medicare or Medicaid?

The term “kickback” comes from the federal Anti-Kickback Statute. This is a law that Congress enacted specifically to target false claims in the health care industry. Under the Anti-Kickback Statute, it is illegal to offer, pay, solicit or receive “any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind,” in exchange for business involving Medicare or Medicaid rebates or reimbursements.

While the Anti-Kickback Statute is specific to Medicare and Medicaid, other federal statutes impose similar prohibitions for Tricare and other federal healthcare programs. These include the Stark Law and Eliminating Kickbacks in Recovery Act (EKRA), among others. Under all of these statutes, the general rule is that compensating health care providers (or other entities or individuals) for referrals or business is prohibited—and then there are various “safe harbors” that exempt certain specific types of financial relationships and transactions.

In one recent case, the U.S. Department of Justice (DOJ) investigated a pharmaceutical distributor for making illegal payments to physician practices. Following its investigation, the DOJ concluded that the distributor was liable for paying illegal kickbacks because “the upfront discounts it provided to its customers were not attributable to identifiable sales or were purported rebates which Cardinal Health’s customers had not actually earned.” Noting that the kickback scheme “cost health benefit programs millions of dollars in potentially fraudulent claims,” the DOJ entered into a $13 million settlement to recoup taxpayers’ losses.

When you contact us, our attorneys can review your information to determine if it exposes an unlawful health care rebate program kickback arrangement. If it does, we can then contact the federal government on your behalf. This costs you nothing; and, if the information you supply leads to a successful enforcement action, you may be entitled to a sizable whistleblower award.

What Other Types of Healthcare Program Fraud Should Be Reported?

Along with the payment and receipt of illegal kickbacks, several other types of healthcare program fraud can—and should—be reported as well. If you have information about any form of healthcare rebate program fraud, we encourage you to contact us for a confidential consultation. In addition to illegal kickback schemes, we also assist whistleblowers with reporting fraudulent practices such as:

• Overbilling Medicare, Medicaid, Tricare, or other federal healthcare programs for reimbursements
• Double-billing federal healthcare programs and other payors
• Submitting inflated Medicaid Drug Rebate invoices
• Inflating healthcare program rebates or reimbursements in order to pay kickbacks
• Billing for healthcare services or items not actually provided to Medicare, Medicaid, or Tricare patients

Again, these types of practices cost taxpayers billions of dollars, and they can (and too often do) put patients’ health at risk due to compromised decision-making. Honest people like yourself are critical to protecting the integrity and reputation of the healthcare system, and under no circumstances should you feel reservations about coming forward.

What To Expect When You Contact Us About Your Whistleblower Claim

If you are like most people who are thinking about blowing the whistle on healthcare rebate program fraud, you have questions about what you can expect if you decide to move forward. Here is what you can expect when you contact the whistleblower lawyers at Oberheiden P.C.:

• We Will Hold Your Information in Complete Confidence – As your legal counsel, we will hold your information in complete confidence. We will protect your identity, and we will not share your information with the federal government unless and until you decide that you are comfortable moving forward.
• We Will Not Charge You Anything – We will not charge you anything to assess your whistleblower claim and help you make informed decisions. If you decide to move forward and you receive whistleblower compensation from the government, our legal fees will be deducted from your award. Otherwise, you owe us nothing.
• We Will Deal with the Federal Government for You – Our attorneys will deal with the federal government for you throughout the process. Several of our attorneys used to handle healthcare program fraud cases at the DOJ, so we are intimately familiar with what to expect along the way.
• We Will Keep You Informed Throughout the Process – You can expect to remain in close contact with our attorneys throughout the process. We will keep you informed every step of the way, and we will help you make informed decisions when your involvement is necessary.
• We Will Be There for You When You Have Questions or Concerns – We understand what it’s like to blow the whistle, and we understand that you will have questions and concerns along the way. When you do, we want you to get in touch, and we will prioritize making sure you have the information you need.

FAQs: Blowing the Whistle on Federal Healthcare Rebate Program Fraud