ethics question

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penguinbean

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So this already has taken place, but I am feeling paranoid for some reason. this got long...

What confidentiality applys when reporting a company for medicaid fraud? Are reporters protected by anything (I kind of know about the whistle blower laws...)?

Last week, as I was preparing to leave my job, I was auditing my files to make sure I was current and not missing anything. I found a bunch of fake notes for my outpatient children's group therapy group. It looks like they were padding billing for when groups only had two or three clients show up, there were about 6-7 days with at most 8 kids having fake notes for those days. I had suspected they were doing something like this in March, and my boss talked about how it was a mistake, someone had misunderstood that "every client needed a note for the group" blah blah blah. I gave them the benefit of the doubt, and trusted she would take care of it appropriately (she said she would submit a billing error report for any kids that were billed that were falsely reported). She also said she would deal with the people who were submitting the fake notes (in medical records). One reason I tried to give the benefit of doubt was because a lot of these people have a high school education, and are really small town and pretty ignorant overall (owner gave a bunch of his family members jobs that they are totally incompetent to perform... I digress).

So when I noticed all these notes last week, I was done. I documented everything and copied the fake notes. The notes were from days that I actually held groups, but they were a completely different intervention, and they had the psychiatrist sign off on them (she will sign anything you put in front of her I guess...). I also printed off blank copies of the actual group note I made for that day (does that all make sense?)

I called the Department of Mental Health, which is where everything told me to report it to. When I called she asked for names of clients who had been over-billed on, Medicaid ID #s for them, and also asked that I fax in the lists I have of the notes, emails regarding the first situation, and the fake notes I had.

I mean, I don't think I need to be worried about breaking confidentiality of their names or Medicaid #s- I mean the department has access to that and who the clients are recieving services from because they do audits all the time, right? And they wouldn't ask for something that I shouldn't be giving? (obviously the notes with their reaction were fake, so I guess you can't really break that confidentiality when nothing really happened). But I am just feeling paranoid that they will get vindictive and try to sue me or make a complaint against my license or something... Thoughts? Anyone been in this situation?

Also, for any Seinfeld fans.... I named names. lol

(I will probably get more paranoid and delete the content of this post for privacy, so please don't quote.)

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There is no confidentiality. Defendants have the right to question witnesses.


But: there is a huge financial incentive. Meet my friend: qui tam lawsuits. By blowing the whistle you are entitled to one third of three times damages for fraud using fed money. Plus legal expenses.

Call a qui tam lawyer. Say you want to file suit. You could be looking at 6-7 figures for catching these crooks.
 
That is horrifying. If it is an consolation, if you hadn't reported it and it had been discovered, it could have really come down on you. You needed to report to protect yourself.

I'm sorry this happened. I hope you are looking for a new job!

Dr. E
 
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Sorry to hear about this. I think you are doing the right thing. Why not meet with a lawyer and contact your state psychological association, liability insurance, etc. to ask what to do, then document who you spoke with on both occasions and the steps that you have taken (which looks like what you are doing). They may also be able to provide you with a good lawyer referral.
 
Thanks for the help and reassurance. Ftr, my last day of the job was Friday. I quit because I am moving to go school for my PsyD in August. I'm currently a masters level LPC therapist. I also left earlier than I maybe needed to because of the toxic work environment there. Obviously, they're nuts.

I obviously did this to do the right thing and protect myself, and didn't even know anything about a qui tam law suit. I will consider consulting a lawyer for that. How would I even know if they substantiated my claims and recovered money? Will they let me know what happens from the investigation? Will I be called to testify?
 
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