Bradley Partner Jason Mehta Quoted in Report on Medicare Compliance on Increase in Repeat Whistleblowers

Report on Medicare Compliance

Media Mention

Bradley attorney Jason Mehta was quoted in the HCCA’s Report on Medicare Compliance on an $18 million settlement for false claims allegations over Medicare inpatient admissions that should have been billed as outpatient or observation services. The false claims lawsuit was set in motion by the same whistleblower—a clinical documentation improvement specialist—who sued two other former hospital employers that both settled cases for the same alleged violation.

The case raises questions about “professional” whistleblowers who are sent into hospitals (and other organizations) by attorneys to gather potentially incriminating information or perhaps nudge them over the line. To the government, the credibility of the whistleblower matters, but it takes a backseat to the merit of the fraud allegation, explained Mehta.

“Typically, whistleblowers have one instance of suspected fraud. They report it and that’s the end of it,” said Mehta, a former assistant U.S. attorney in the Middle District of Florida. “But I would note the world of whistleblowing is becoming an increasingly large world, and there is increasing sophistication of whistleblowers and their attorneys, and there is a movement to seeing more and more repeat filers,” he said.

The complete article, “Banner Health Settles FCA Case; Whistleblower Had Sued Two Other Hospital Employers,” appeared in the April 23, 2018, issue of the HCCA’s Report on Medicare Compliance.