Qui Tam Prevention Strategies

Qui tam whistleblowers are a unique threat to organizations of all sizes in all industries. They are costly pieces of litigation that put your company under public and governmental scrutiny. And often, they are preventable, with the right plans in place.

We at Kennedy Attorneys & Counselors at Law offer our experience and dedication to clients all across Dallas. Our over 100 years of combined experience in healthcare law and qui tam defense is a valuable tool to the healthcare organizations we represent.

False Claims Act Risk Mitigation Action Plans

Many people view the false claims defense as a reactive area of the law, where the work begins when the filing starts. But that is not how our firm works. We are proactive for our clients, meaning we work to stop False Claims Act filings before they start. We do this by:

• Establishing robust internal reporting protocols: Qui tam lawsuits, by virtue of how they progress, often stem from internally reported missteps first. While it is not required to report a broken or fraudulent process internally, this is often a whistleblower’s first step. However, when these reports go unheeded, negative action results. More robust, active reporting protocols can get complaints and concerns heard before they become a major case.

• Designing nonretaliatory compliance cultures: When a whistleblower is successful and returns to work after a complaint is heard, there is often a tense atmosphere around them. However, employees and managers acting on that tension will only cause more litigation and more problems. Crafting your environment to be nonretaliatory, and keeping successful records of those facts, will protect your company.

• Incorporating protective contract clauses: Some classes of employees are at a high risk of discovering potentially compromising information and pursuing a Qui Tam case. However, we can help you identify the roles where this is highest and help you build protective contracts for these roles to protect the company.

These tactics and plans are spearheaded by the work of former HHS assistant regional counsel experience. The way our suggested internal reporting efforts mirror federal protocol allows you to have the same perspective on potential problems. And our internal investigations can head off problems well before they start by resolving internal disputes before they become regulatory action.

Attorney-Client Privileged Protection

As your attorneys, if we conduct a thorough investigation into reported wrongdoing, we can then help you manage the response under the umbrella of attorney-client privilege. This includes internal disclosures and preliminary compliance reviews, and that will keep them from becoming evidence of complicity or wrongdoing in qui tam litigation.

Experienced, Dedicated Healthcare Industry Attorneys

We have been working in this industry for a long, long time and we know how much the costs of a public trial can overwhelm our clients in the industry. We’ve earned the trust of clients across Texas. Call us today at 945-218-2698 or send an email using this online form.