False claims act contain 'qui tam' or whistleblower provisions. This work will discuss the pros and cons of being a whistleblower and to ask the question of if one were aware of the fraudulent issues in the healthcare organization why would they not report the issues?
In 1975, in the case (NLRB vs. Weingarten, Inc. 420 U.S. 251, 88 LRRM 2689 the U.S. Supreme Court established the rights of employees to have a union representative at an investigatory interview and this rights are known as Weingarten Rights. The investigation interview happens when a supervisor questions the employee for the purpose of obtaining information that could be used in a discipline or conduct complaint against the employee. In the event the employee believes that they result negative outcomes from what they have to say the employee under the Weingarten Rights has the right to request union representation at the hearing. Once the employee has made the request for a union representative to be present management, can either: (1) stop questioning until the representative is present; (2) call of the interview; or (3) inform the employee that the interview will be called off unless the employee agrees to give up their rights (voluntarily) to the representative from the union being present. (UC Davis Human Resources, 2012)
First Student Response
Whistleblowing is defined as "disclosure of illegal, immoral, or illegitimate practices that are under employer control by either former or current organization members to person or organizations that are able to effect action" according to Angus, et al. (nd) Whistleblowing occurs in all types of professions. There are various considerations for whistleblowing including one should have investigated the incident well and make sure that the facts are completely understood. As well, one should make sure that the whistleblowing will result in more good than harm to clients and that the client will not be on the receiving end of retaliation. As well, one should understand the serious nature of whistleblowing and assume responsibility for such actions. There is a duty to take such actions when there is serious and great harm to the public involved and one has reported the incident to the immediate supervisor with no action and all possible and available channels have been exhausted for correcting the issue within the organization. There should be evidence that is documented and the capacity to convince a party who is impartial and a good reason to believe that going public with the information will result in the necessary changes. There are however, reasons to consider whether one should take this course of action. For example, in 2002 90% of whistleblowers lost their jobs or were demoted and 27% had lawsuits filed against them. 26% of whistleblowers in 2002 had psychiatric or medical referrals and 17% lost their homes and another 8% went bankrupt. (Angus, nd) One example of such is that of Jeffrey Wigand, former vice president of Brown and Williamson Tobacco Company who assisted the FDA in gathering evidence that cigarettes were "drug delivery devices." (Angus, nd) Wigand lost his $300,000 per year job and will never be hired as a high-level researcher again. Wigand's marriage ended and he is now teaching science in high school making $30,000 per year. Should one decide to blow the whistle it is advised that they: (1) Stay strong and confide in an attorney as well as consulting a mental health professional; (2) Stay safe, through selecting others they can trust; (3) gather all possible evidence to support the issue; (4) think ahead and make an escape plan to remove oneself from the situation quickly and safely; (5) seize the initiative through carefully choosing the time and place to announce the information; (6) maintain the high ground and do not act too soon. (Angus, nd)
Second Student Response
Whistleblowing is a serious issue and one that should be given due consideration prior to acting. The pros of whistleblowing include a clear conscience and personal...
False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the U.S. Government is identified as the qui tam plaintiff and,
Fraud and Abuse Case Healthcare fraud and abuse continues to threaten the country, costing the facility billions of dollars per year. Brodeur, (2007) stated that fraud is something difficult to understand because it is a contagious issue. Healthcare fraud and abuse according to Brosman & Roper (2007) is the most profitable thing one can take part in if he/she is a crook, it avoid all channels and legal procedures, in nutshell,
awarding audit contracts by U.S. government departments and agencies Audit Management Red Rationale for and Objectives of the project main and secondary Desktop or literature search Rationale for Search Methodology LITERATURE/DESKTOP RESEARCH Authoritative sources Desktop Findings Justification for audits Evolving role of auditors Types of audit contracts Understanding the Audit Process Best practices and benchmarking Terminology Case Studies Audit management is a fundamental element in government accountability, control and performance management. Certainly there is justification within the Federal government to conduct audits of contracts for the
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