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3/15/2010

Modern Healthcare: Blowing the Whistle

Houston partner Scott McBride was quoted in the March 15, 2010, Modern Healthcare article, "Blowing the Whistle."

According to the article, the Justice Department starts about 250 new False Claims Act cases each year involving alleged misappropriation of HHS money, the overwhelming majority of which are triggered by whistle-blowers who file lawsuits under seal to recover funds on the government's behalf. In 2009, whistle-blower lawsuits generated 85% of the $1.6 billion in healthcare dollars the government recovered from settlements and judgments.

McBride said every sizable healthcare organization should expect to defend itself against a whistle-blower sooner or later, and they should have processes in place to respond to reports of suspected wrongdoing from employees. Even if the information is baseless, would-be whistle-blowers need to feel as if their concerns are taken seriously. They should be informed of the results of whatever inquiry is made so they don't end up feeling like the attempt to do the right thing disappeared into a void.