Q: FCA - fraudulent referral to hospice
Under which provision of false claims act fraudulent referral to hospice defined?
A:
Under California law, fraudulent referrals to hospice care can be addressed under the False Claims Act (FCA). The FCA, particularly at the federal level, is designed to combat fraud against government programs, including Medicare and Medicaid.
In the context of hospice care, fraudulent referrals typically involve falsely certifying that a patient is terminally ill to receive hospice benefits. This misrepresentation leads to the submission of false claims for reimbursement from government healthcare programs, which is a violation of the FCA.
The key provision of the FCA relevant to fraudulent hospice referrals is 31 U.S.C. § 3729. This provision makes it illegal to knowingly submit, or cause to be submitted, false claims for payment to the federal government.
If you suspect a fraudulent referral to hospice under these circumstances, it's advisable to consult with an attorney experienced in FCA litigation. They can help determine if there's a viable claim and guide you through the process of potentially filing a qui tam action, where a whistleblower can bring a lawsuit on behalf of the government and potentially receive a portion of any recovered funds.
A: There could also be indirectly related statutes, such as those addressing kickbacks. Good luck
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