Pennsylvania Whistleblower Lawyer

If you’re seeking a Pennsylvania whistleblower lawyer with the expertise and track record for winning, look no further than Kohn, Kohn and Colapinto. Based out of Washington, DC, our team has prevailed in some of the world’s most complex whistleblower cases in history.

Our areas of expertise include securities fraud and commodities violations, tax evasion, money laundering, and state and federal government contracting fraud, especially those related to Medicare, Medicaid, and healthcare abuses, such as unlawful billing like upcoding.

Whistleblowers living in Pennsylvania who know of such federal or state fraud may want to report their concerns to regulators. Whistleblowers may even be able to receive a substantial award in successful cases if their information leads to a successful enforcement action.

There are many whistleblower programs available to whistleblowers who choose to come forward with information. These programs not only protect whistleblowers from retaliation against their employer, but also offer awards, which are based off a percentage of the amount obtained.

Federal Programs

Below is a list of federal programs available to all whistleblowers, regardless of whether they live in Philadelphia or another state. Some of these are even applicable to foreigners of other countries, if their information pertains to an individual or organization from the U.S.

• SEC Whistleblower Program – this program provides protection and rewards for those who blow the whistle on securities violations, such as market manipulation or investment fraud.
• CFTC Whistleblower Program – similar in nature to the SEC program, this program offers protection and awards to those who report manipulation, such as with precious metals.
• AML and Sanctions Whistleblower Program – this program offers awards and protections for reporting money laundering or violations of the Bank Secrecy Act.
• IRS Whistleblower Program – this program offers awards and protections for those who report tax evasion, such as offshore banking, corporate tax fraud, and other schemes.
• False Claims Act and Qui Tam – this is the oldest and most effective law available to whistleblowers who report government contracting fraud or fraud against the government.

There are many other laws out there as well that whistleblowers can use, including the Occupational Safety and Health Act, Sarbanes-Oxley Act, Clean Water Act and many more. You can learn more about these in Rules for Whistleblowers: A Handbook for Doing What’s Right.

The Federal False Claims Act for Pennsylvanians

The False Claims Act law is designed to protect the Commonwealth of Pennsylvania from fraudulent claims submitted for government funds. It allows individuals, known as “relators,” to bring civil actions on behalf of the government against those who knowingly submit false or fraudulent claims. Below are some of the key aspects of this law:

• Fraud Prevention – the federal False Claims Act was created to prevent fraud and abuse in government programs, such as Medicare and Medicaid. It aims to recover damages and penalties for those who decide to engage in fraudulent behavior.
• Qui Tam Actions – whistleblowers can bring lawsuits on behalf of the U.S. government and obtain a portion of the damages recovered in a successful enforcement case. This amount can range between 15% and 30%, with the percentages depending on various factors.
• Protection from Retaliation – whistleblowers who report fraudulent activity under the federal False Claims Act are protected against retaliation, which can include termination, harassment, demotion, and other forms of reprisal.

While there isn’t a Pennsylvania State False Claims act yet, there are other laws in place that pinpoint specific fraudulent behavior. The most important of these laws is the Pennsylvania Medicaid Fraud and Abuse Control Law, which addresses fraud in Medicaid program.

The Pennsylvania Medicaid Fraud Control Section has the authority to file felony or misdemeanor charges against those who defraud Medicaid program or commit care-dependent abuse.

This group any individual or business that supplies health care goods and services to Medicaid recipients. Providers can be medical doctors, dentists, nurses, nursing homes, pharmacies, home care aides and agencies, behavioral health specialists, and anyone else who bills Medicaid for providing health care goods and services.

Medicaid provides essential medical treatment to the most vulnerable Pennsylvanians at the cost of $42 billion a year. Medicaid Fraud results in the loss of these scarce tax dollars and resources for those most in need of health care assistance.

Examples of Medicaid fraud may include the following:

• Billing for medical and/or caregiving services not actually performed
• Billing for more expensive services than were rendered
• Prescribing medically unnecessary controlled substances
• Claiming to provide behavioral health treatment while failing to meet with clients
• Billing twice for the same medical service
• Referring unnecessary services to another provider
• Dispensing generic drugs and billing for name-brand drugs
• Billing for professional services which are being performed by unlicensed staff
• Filling forged and/or invalid prescriptions

Medicaid is a joint federal and state program that traditionally provides health care benefits to low-income Pennsylvanians, as well as to persons with disabilities or the elderly.

If you’re a Pennsylvania who suspects wrongdoing involving government funds, healthcare programs, or other fraudulent activities, get in touch with our firm for a free and confidential case evaluation. Our experienced attorneys can help protect your rights and secure an award.