Whistleblower and Retaliation Claims in Healthcare: Compliance Programs, Current Political Climate, Mitigation Risks

There has been an increase in retaliation lawsuits in the healthcare industry. Many cases are very fact-intensive and burdensome. As a result, healthcare facilities face the challenging dilemma of providing care and having adequate staff for patients and protecting themselves from whistleblowers and retaliation actions.

Having an option for employees to report concerns anonymously plays a vital role in a healthcare provider or facility's compliance program. Providers need to have in place a way to address and respond to these concerns.

Further, healthcare facilities should have risk mitigation strategies to reduce the likelihood of whistleblower litigation. While litigation may be impossible to avoid, mitigation strategies will put the facility in a better position as it defends itself in a lawsuit.

Listen as Robert A. Wade, Partner at Barnes & Thornburg, examines model compliance programs and will discuss anonymous hotlines and their role in the compliance program. He will also explain qui tam actions and will offer risk mitigation strategies for healthcare facilities to avoid litigation or be in a better position if the lawsuit goes forward.

1. Compliance programs
   1. What is reported?
   2. How are the matters reported?
   3. To whom are they reported?
   4. Anonymous tips and hotlines
2. Retaliation
   1. Impact of retaliatory acts
   2. How can retaliatory acts be prevented?
3. FCA and qui tam actions
   1. Damages
   2. Fines
   3. Additional costs
4. Risk mitigation
5. Best practices

The speaker will review these and other crucial issues:

• What level of anonymity does the False Claims Act provide? What protection and penalties does the FCA provide?
• What role do anonymous hotlines play in a compliance program? How should anonymous tips be handled?
• What mitigation strategies should healthcare facilities employ to reduce the risk of litigation?