Is Your Nevada Health Care Employer Submitting False Claims to Medicaid?
By funding Medicaid, Nevada taxpayers help to care for low-income, children, adults and elderly Nevada residents. Unfortunately, corrupt individuals in the Nevada health care industry continue to steal hard-earned taxpayer dollars from the state by illegally billing Nevada Medicaid for medically unnecessary services, services never provided, products of a higher quality than provided, illegal kickbacks and more.
Though the Nevada Medicaid Fraud Control Unit investigates and prosecutes cases of Nevada Medicaid fraud, government resources dedicated to discovering incidents of Nevada Medicaid fraud, waste and abuse are limited. It is up to physicians, nurses, EMT’s, pharmacists, bookkeepers, sales representatives and other health care professionals to report knowledge of fraud. If you feel you have knowledge of Nevada Medicaid fraud, you may be entitled to a cash award of over $1 million. Call today for a free, immediate and confidential case evaluation.
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Reporting Nevada Medicaid Fraud
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What Laws Cover Reporting Nevada Medicaid Fraud?
The Nevada Submission of False Claims to State or Local Government Act (NFCA), Nev. Rev. Stat. Ann. §§357.010 et seq., enables private citizens who suspect Nevada Medicaid Fraud to file a claim on behalf of the state. The NFCA provides large cash awards for information to successful recovery of government funds and protects whistleblowers from employer retaliation in response to reporting fraud.
A person who does any of the following acts – with or without intent to defraud – is in violation of the NFCA:
- Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval.
- Knowingly makes or uses, or causes to be made or used, a false record or statement that is material to a false or fraudulent claim.
- Has possession, custody or control of public property or money used or to be used by the State and knowingly delivers or causes to be delivered to the State less money or property than the amount of which the person has possession, custody or control.
- Is authorized to prepare or deliver a document that certifies receipt of money or property used or to be used by the State and knowingly prepares or delivers such a document without knowing that the information on the document is true.
- Knowingly buys, or receives as a pledge or security for an obligation or debt, public property from a person who is not authorized to sell or pledge the property.
- Knowingly makes or uses, or causes to be made or used, a false record or statement that is material to an obligation to pay or transmit money or property to the State.
- Knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State.
- Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the State within a reasonable time.
- Conspires to commit any of the above listed acts.
A person acts “knowingly” if he or she:
(a) Has knowledge of the information;
(b) Acts in deliberate ignorance of whether the information is true or false; or
(c) Acts in reckless disregard of the truth or falsity of the information.
Persons who violate the NFCA are liable for three times the amount of damages sustained by the State because of the act of the person, plus the costs of a civil action brought to recover the damages and a civil penalty of between $5,500 and $11,000 for each violation.
Medicaid fraud robs Nevada taxpayers of millions each year and increases the cost of health care for everyone. Nevada State and Federal False Claims Acts provide whistleblowers with large cash awards for blowing the whistle on Nevada Medicaid Fraud. Whistleblowers can also seek remedies for any employer retaliation in response to reporting fraud. If you feel you have knowledge of Nevada Medicaid fraud, you may be entitled to a cash award of over $1 million. Call today for a free, immediate and confidential case evaluation.
Are Whistleblowers Protected From Employer Retaliation When Reporting Nevada Medicaid Fraud?
Yes. Under the Nevada Submission of False Claims to State or Local Government Act (NFCA), Nev. Rev. Stat. Ann. §§357.010 et seq., any employee, contractor or agent who is discharged, demoted, suspended, threatened, harassed or discriminated against as a result of any lawful act in an effort to stop a violation of the NFCA, is entitled to all relief necessary to make the employee, contractor or agent whole.
The employee may file a claim to seek remedies including:
- reinstatement with the same seniority as if the discharge, demotion, suspension, threat, harassment or discrimination had not occurred or damages in lieu of reinstatement if appropriate,
- twice the amount of lost compensation,
- interest on the lost compensation,
- any special damage sustained as a result of the discharge, demotion, suspension, threat, harassment or discrimination and punitive damages if appropriate.
- compensation for expenses, costs and attorney’s fees.
Like the NFCA, under Nevada’s Disclosure of Improper Governmental Action Law (Nevada Whistleblower Law), Nev. Rev. Ann. § 281.611 et seq., an employee who experiences retaliatory action by their employer in response to the employee’s disclosure of information concerning improper governmental action may seek remedies.
“Improper governmental action” means any action taken by a state officer or employee or local governmental officer or employee in the performance of the officer’s or employee’s official duties, which is:
- In violation of any state law or regulation;
- In violation of an ordinance of the local government;
- An abuse of authority;
- Of substantial and specific danger to the public health or safety; or
- A gross waste of public money.
“Reprisal or retaliatory action” includes denial of adequate personnel to perform duties, frequent replacement of members of the staff, frequent and undesirable changes in the location of an office, refusal to assign meaningful work, issuance of letters of reprimand or evaluations of poor performance, demotion, reduction in pay, denial of a promotion, suspension, dismissal, transfer, frequent changes in working hours or workdays, or the filing of complaints with a licensing or certification board concerning the employee.
If you have been harassed, demoted, fired, threatened or otherwise discriminated against by your employer for reporting or planning to report Nevada Medicaid fraud, you may be eligible to file a claim for damages. Timing is critical so don’t hesitate to file a claim. Call the Medicaid Fraud Hotline now for a free, no-obligation case evaluation.
What Cash Awards Are Offered for Reporting Nevada Medicaid Fraud?
Under the Nevada Submission of False Claims to State or Local Government Act (NFCA), Nev. Rev. Stat. Ann. §§357.010 et seq., if the state choses to intervene at the outset in an action, the whistleblower is entitled to receive between 15% and 25% of any recovery, according to the extent of his or her contribution to the conduct of the action. If the state does not intervene in the action at the outset, the whistleblower is entitled to receive between 25% and 30% of any recovery, as the court determines to be reasonable.
If the action leads to government recovery, the whistleblower is also entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorney’s fees and the fees of expert consultants and expert witnesses.
Fighting back against Medicaid Fraud is a crucial step in safeguarding our nation’s health care programs for future generations. If you suspect your Nevada health care employer is guilty of Medicaid Fraud, you are protected by federal and state whistleblower laws and may be entitled to a substantial cash award for your information. Contact the Medicaid Fraud Hotline Now.
Are There Time Limits on Reporting Nevada Medicaid Fraud?
According to the Nevada Submission of False Claims to State or Local Government Act (NFCA), Nev. Rev. Stat. Ann. §§357.010 et seq., a whistleblower action may not be commenced:
- More than 3 years after the date on which the state discovers, or reasonably should have discovered, the fraudulent activity, but in no event more than 10 years after the fraudulent activity occurred; or
- More than 6 years after the fraudulent activity occurred,
- whichever occurs later. Within those limits, an action may be based upon fraudulent activity that occurred before May 27, 2015.
A civil action brought pursuant under the NFCA anti-retaliation provision may not be brought more than 3 years after the date on which the discharge, demotion, suspension, threat, harassment or discrimination occurred.
Under Nevada’s Disclosure of Improper Governmental Action Law (Nevada Whistleblower Law), Nev. Rev. Ann. § 281.611 et seq., the employee must file a claim for damages due to employer retaliation within 2 years after the information is disclosed.
The government’s ability to recover stolen taxpayer dollars under depends on whistleblowers coming forward. The U.S. government recovered nearly $3 billion dollars in 2014 as a result of whistleblowers reporting health care fraud. These whistleblowers were awarded over $435 million in cash as a result of their disclosures. If you have information of Nevada Medicaid Fraud, call today and discover if you are eligible for a whistleblower cash award.
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