Question:
I was wondering if agencies like the Department of Public Health and Boardof Health are held to the same standards as any other healthcare agency(e.g., hospitals, clinics). I am particularly referring to corporatecompliance issues: regulations regarding storage of medical records, andstorage of supplies under sinks, on the floor, etc. Can one file a Qui Tamsuit against an agency that exhibits all these violations plus more? Insituations such as these, who would one report to? Wouldn't it be verydifficult to "whistle-blow" on these type of agencies? Do theyhave some type of special immunity being governmental agencies?
I was wondering if agencies like the Department of Public Health and Boardof Health are held to the same standards as any other healthcare agency(e.g., hospitals, clinics). I am particularly referring to corporatecompliance issues: regulations regarding storage of medical records, andstorage of supplies under sinks, on the floor, etc. Can one file a Qui Tamsuit against an agency that exhibits all these violations plus more? Insituations such as these, who would one report to? Wouldn't it be verydifficult to "whistle-blow" on these type of agencies? Do theyhave some type of special immunity being governmental agencies?
Answer:
Dear Grace,Your question has two parts. The first involves state departments of publichealth or boards of health. Because each state has the right to pass itsown laws and regulations, these state agencies must comply with stateregulations promulgated by the agency under the state's AdministrativeProcedure Act. Because there may be different regulations and standards indifferent states, you need to check the laws and regulations in your statein order to evaluate how well an agency is complying with those mandates.Your second concern, state Qui Tam actions, are civil suits filed when anemployee or other private person, on behalf of himself and the state,attempts to "blow the whistle" when false or fraudulent claims and othermoney irregularities (e.g., false billing, payment of kick-backs, falsedocuments for services) occur in state agencies. State statutes govern suchactions, and provisions in those statutes include guidance on the judicialproceedings, who is required to investigate the allegations (e.g., stateattorney general), protections afforded the "whistleblower" (especially ifhe or she is an employee), amounts recoverable by the whistleblower if thesuit is successful, and any limitations on such actions. It is important tonote that there is a Federal law, The False Claims Act, that deals with thesame type of action when attempts to defraud the United States governmentoccur.Good luck,Nancy
Dear Grace,Your question has two parts. The first involves state departments of publichealth or boards of health. Because each state has the right to pass itsown laws and regulations, these state agencies must comply with stateregulations promulgated by the agency under the state's AdministrativeProcedure Act. Because there may be different regulations and standards indifferent states, you need to check the laws and regulations in your statein order to evaluate how well an agency is complying with those mandates.Your second concern, state Qui Tam actions, are civil suits filed when anemployee or other private person, on behalf of himself and the state,attempts to "blow the whistle" when false or fraudulent claims and othermoney irregularities (e.g., false billing, payment of kick-backs, falsedocuments for services) occur in state agencies. State statutes govern suchactions, and provisions in those statutes include guidance on the judicialproceedings, who is required to investigate the allegations (e.g., stateattorney general), protections afforded the "whistleblower" (especially ifhe or she is an employee), amounts recoverable by the whistleblower if thesuit is successful, and any limitations on such actions. It is important tonote that there is a Federal law, The False Claims Act, that deals with thesame type of action when attempts to defraud the United States governmentoccur.Good luck,Nancy
