Whistleblower Best Practices Panel Educates ABA Health Care Fraud Institute Attendees
On May 3, 2024, Getnick Law associate Courtney Finerty-Stelzner spoke on a panel addressing whistleblower best practices at the American Bar Association’s 34th Annual National Institute on Health Care Fraud. The National Health Fraud Institute educates a wide array of professionals on key legal and ethical issues that arise in health care fraud enforcement. Participants include False Claims Act qui tam attorneys, defense attorneys, regulators, compliance professionals, and others from across the country.
During the panel, Courtney and her co-panelists educated attendees on how to properly vet potential False Claims Act claims and clients; the value whistleblowers bring to businesses; the importance of False Claims Act cases when internal compliance programs do not work effectively; and emerging issues in health care fraud False Claims Act cases.
The panelists highlighted the important role robust compliance programs play in preventing fraud and helping corporations avoid liability, as well as the need for the False Claims Act’s qui tam provisions – which enable whistleblowers to report fraud externally – when internal controls fail.
With respect to emerging issues, Courtney addressed recent amendments to the Food, Drug, and Cosmetic Act, entitled “Ensuring Cybersecurity of Medical Devices.” Under the amendments, which went into effect on October 1, 2023, those who submit premarket submissions to the FDA for a cyber device, must submit information to ensure that the device meets certain cybersecurity requirements. Given the Department of Justice’s increased focus on cybersecurity, Courtney noted that false information regarding a device’s cybersecurity compliance could become a new source of False Claims Act liability.