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AG encourages whistleblower lawsuits to fight fraud

August 19, 2010
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The Indiana Attorney General’s Office wants health care and pharmaceutical industry workers to know that they have the ability to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages that results from the suit.

With Medicare and Medicaid fraud a multi-billion dollar problem nationally, the state’s highest attorney is reaching out to workers who may be impacted by these issues to alert them of their rights as whistleblowers in stopping this type of state and federal fraud.

Attorney General Greg Zoeller is trying to raise public awareness on the topic, which comes as the health care and pharmaceutical industries face sweeping reforms in the coming years and more people are exposed to these scenarios.

“The idea is to persuade workers already concerned about fraud to raise those claims under the False Claims Act,” Zoeller said. “If individuals on the inside are aware of fraud … and reporting it internally has not stopped the fraud, they may be reluctant to come forward for fear of being ostracized from future employment in their chosen profession. While we would hope people would report fraud because that’s the right thing to do, we understand that the potential of a substantial financial reward may be necessary to prompt insiders to come forward.”

The AG’s Medicaid Fraud Control Unit is supervising the effort, which involves the False Claims Act that’s existed in federal and state law for years and applies to government contract work. A whistleblower action starts when someone like an employee files a private lawsuit against a provider or company, alleging that business committed fraud on a government contract. That employee-plaintiff basically brings the suit on the government’s behalf, the AG said. If the government wins at trial or reaches a monetary settlement with the provider or company where the fraud occurred, then that whistleblower may receive 15 to 30 percent of the proceeds.

During the past year, the state has been involved in a handful of these whistleblower actions that have alleged billions of dollars in fraud, according to the AG’s Office. Those include suits against Pfizer, Eli Lilly, AstraZeneca Pharmaceuticals, and the South Bend mental health services facility called Madison Center. Some causes have been settled while others remain ongoing.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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