Category: Obamacare

Obamacare’s Anti-Retaliation Provisions Protect Whistleblowers

In addition to expanding the definition of “original source” under the False Claims Act, broadening the class of relators, the Patient Protection and Affordable Care Act of 2009 (ACA or Obamacare) also adds several provisions to an ever expanding litany of federal statutory schemes that provide whistleblowers protection from retaliation and a private right of…




Obamacare

Obamacare’s Liberalization of the FCA’s “Original Source” Requirement and “Public Disclosure” Prohibition

Under the False Claims Act (FCA), in order to bring a Qui Tam claim, the Relator must be an “original source” of the information upon which the lawsuit is based, and that information cannot have been the subject of a previous “public disclosure.”  These requirements were recentlly significantly changed to encompassed a broader spectrum of Relators…