"This & That" Tuesday: Whistleblowers, False Claims, Age Discrimination

July 7, 2015

 

Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

 

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

 

Upcoming Events

July 15, 2015

West Inland Empire Employer Advisory Council

Coaching to Improve Performance

Information can be found on my website.

 

July 22 2015

Industry Manufacturers Council

HR4U 101 Full-day Workshop

Information can be found on my website.

 

September 15, 2015

Irwindale Chamber of Commerce

Hiring Talent for Consistent Performance

Information can be found on my website.

 

False Claims Act Complaint Settles for $10 Million

A culture of compliance is necessary to avoid False Claims Act complaints, such as one that resulted in Medtronic Inc. agreeing to pay nearly $10 million to settle a whistle-blower’s allegations.

 

The U.S. Justice Department alleged that Medtronic caused false claims to be submitted to Medicare and Medicaid by using multiple types of illegal kickbacks to induce physicians to implant Medtronic pacemakers and defibrillators. Medtronic allegedly induced physicians to use its products by:

 

• Paying implanting physicians to speak at events intended to increase referral business.
• Developing marketing/business development plans for physicians at no cost.
• Providing tickets to sporting events.

 

In the case against Medtronic the whistle-blower, filed his complaint under seal, and the U.S. government evaluated the complaint. He will receive approximately $1.73 million; the rest of the settlement goes to the federal government.

 

The whistle-blower typically receives 15 percent to 25 percent of the settlement or award, depending on circumstances. In this case, doctors were induced to use pacemakers and defibrillators when there were only mild heart failure syndromes and the equipment wasn’t necessary. Claims for the equipment were made to Medicare, Medicaid and Tricare—expenses the government should not have been fooled into paying for.

 

The settlement is partly the result of the Health Care Fraud Prevention and Enforcement Action Team initiative, which was announced in May 2009.

 

Since January 2009, the Department of Justice has recovered more than $19.2 billion through False Claims Act cases, with more than $13.7 billion of that recovered in cases involving fraud against federal health care programs.

 

Bobby Dodd Institute Pays $40,000 to Settle Age Discrimination Suit 

Bobby Dodd Institute, Inc. of Atlanta, an organization that provides employment opportunities to disabled individuals, will pay $40,000 and furnish other relief to settle an age discrimination lawsuit brought by the EEOC.

 

According to the EEOC's suit, two women, each over 70 years of age, applied for a shared mail clerk position in Atlanta and were extended job offers by the company. However, after their respective ages were revealed to the company's CEO, the job offers were revoked one day before their scheduled start date. Further, the agency charged that shortly after preventing the older applicants from starting work, the company hired two younger individuals to fill the position.

 

The consent decree settling the suit, in addition to the monetary relief, includes provisions for equal employment opportunity training, reporting and posting of anti-discrimination notices. In the lawsuit and consent decree, Bobby Dodd Institute denied any liability or wrongdoing.

 

Factoids

• The flu costs U.S. employers $87 billion, annually
• Only 45% of people get vaccinated
• 1 in 68 children are diagnosed with autism spectrum disorder.  Only 37 states have laws requiring that autism be covered in their medical plans.
• 6 in 10 households provide financial support to adult children

 

Quote of the Blog

“When nobody around you seems to measure up, it’s time to check your yardstick.”

 

~Bill Lemley~