The qui tam provision is a part of the False Claims Act. This provision allows private citizens to file a lawsuit if they have knowledge of an organization, company, or individual who has submitted false claims to the United States Government. However, before filing a claim against a fraudster, it is important to understand the details of the qui tam provision.
Who can file suit under the qui tam provision?
First, this portion of the False Claims Act provides power to citizens with knowledge of fraudulent activity. Also, the provision makes it possible for citizens to file suit. However, they must have adequate proof that false claims were submitted to the government.
Is a reward available under the qui tam provision?
The qui tam provision empowers citizens and motivates them to bravely blow the whistle on anyone who defrauds the government. However, reporting fraud is a risky action. Therefore, the government included a qui tam provision that rewards private whistleblowing citizens upon the recovery of government funds. As a result, whistleblowers may receive up to 30 percent of the recovered funds.
Who can be prosecuted under the qui tam provision?
The qui tam provision allows citizens to report knowledge of false claims submitted to the government. Therefore, any physician or healthcare agency receiving government funds and any contractor working for the government can be prosecuted if they have obtained government funds due to false information they provided in a claim.
What types of actions qualify as a false claim?
There are a wide variety of actions that can qualify as fraudulent under the qui tam provision. Furthermore, it is fraud any time an individual, company, or organization uses false information to obtain government funds. Examples of actions punishable under the False Claims Act include:
- A physician is improperly billing Medicaid or Medicare for materials or services to get inappropriately high payments. This could include billing for services never provided. Or, it could mean upcoding a less expensive service or overbilling for a service. Finally, it could mean making a false diagnosis so they can bill for more expensive tests and procedures.
- A government contractor is overbilling for products or services provided. He is providing false information in order to make more money.
- A company or organization is selling the government faulty or dangerous products with full knowledge of the defective nature of the product.
- A contractor or organization is billing the government for services they never provided.
Are you a private citizen and you have knowledge of fraudulent activity? The qui tam provision empowers you to file a claim against the entity committing the illegal activity. Share your information with a qualified attorney. Ultimately, you can play a role in recovering government funds. You may receive a financial reward for your actions.
Call (770) 643-1606 to find out more about the qui tam provision by contacting Bothwell Law Group.