Working for Justice

Blog Posts by Shaun Rosenthal

Promises and Protections of Whistleblower Actions

Posted July 10th, 2019 by in Whistleblower Law.

It has never been better to be a whistleblower. First, agencies within the United States are prioritizing tips from whistleblowers to determine their enforcement actions. Second, under certain whistleblower statutes, a whistleblower is entitled up to 30% of the proceeds from those enforcement actions. And third, there are strong protections in place to protect whistleblowers […]

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The Underutilized False Claims Act and Other Whistleblower Statutes

Posted June 27th, 2019 by in Whistleblower Law.

The False Claims Act (“FCA”), 31 U.S.C. §§ 3729 et seq., is the Government’s primary tool to recover losses due to fraud and abuse by those seeking payment from the United States.  See S. Rep. No. 345, 99 Cong., 2nd Sess. at 2 (1986) reprinted in 1986 U.S.C.C.A.N 5266. The FCA is a whistleblower statute, […]

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HHS Proposes Rule That Subjects Rebate System to Anti-Kickback Liability

Posted February 19th, 2019 by in Whistleblower Law.

The Department of Health and Human Services (HHS) announced a proposal to amend the Anti-Kickback Statute to expressly exclude from safe harbor protections rebates on prescription drugs paid by manufacturers to pharmacy benefit managers (PBMs), Part D plans, and Medicaid-managed care organizations.[1]  This proposal, if finalized, will alter the incentive structure for PBMs, benefiting consumers […]

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