Chicago Whistleblower Lawyer

Reporting fraud is a courageous act that not only protects individuals from harm and ensures taxpayer funds are used effectively but can also lead to financial rewards. Whistleblowers in Chicago play an important role in exposing fraud across various industries—especially healthcare, where practices like upcoding, double billing, unnecessary procedures, and faulty EHR systems cause significant harm.

If you have evidence of healthcare fraud or any other fraud currently being perpetrated against the government, you may be able to file a qui tam claim with the government and potentially recover a reward. However, you must be represented by a qui tam law firm to pursue a claim. At Power Rogers, we provide the guidance you need to build a strong case, navigate reporting requirements, and understand the legal protections available to whistleblowers. Our experienced team is dedicated to maximizing your chances of securing the compensation you deserve.

What is Qui Tam?

Qui tam is an area of law that derives from the Latin phrase, “qui tam pro domino rege quam pro se ipso in hac parte sequitur.” This translates loosely to “who sues on behalf of the king as well as for himself.” Historically, qui tam laws have encouraged private citizens to report unlawful acts by providing them with rewards for doing so.

These laws date back to ancient times but first gained relevance in the United States during the Civil War with the introduction of the False Claims Act. This act was originally passed in order to combat defense contractor fraud against the Union Army, but today, the FCA can be used to report many other kinds of fraud.

Healthcare fraud is one of the most common forms of fraud that is reported via the FCA. In FY2024, over $1.67 billion was recovered due to fraud, waste, and abuse in the industry.

Common Examples of Healthcare Fraud

Some of the most common healthcare whistleblowers are employees who have either witnessed fraud or who have been directed to conduct themselves dishonestly at work. If you have experienced any of the following types of fraud, you might have the grounds to file a qui tam lawsuit:

• Upcoding: Charging Medicare, Medicaid, or another government insurance program for more than a service should cost. One example might be a doctor who screens patients telephonically but bills for a full in-person check-up.
• Unbundling: Breaking down a single service into multiple submissions to bill more. An example might be billing for individual steps in surgery when every element is necessary to complete the total service.
• Double billing: Submitting the same claim more than once or to multiple insurers. This is especially common for patients with Medicare as well as a secondary insurance policy.
• Billing for medically unnecessary services
• Home healthcare fraud: Miscertifying hours or labor performed, or cases involving elder abuse, poor care, or underqualified caregivers.
• Hospital fraud: Examples might include nurses performing work that is then certified as having been done by doctors, submitting reimbursements for faulty EHR software, double billing patients’ insurance, or more.
• Prescription drug fraud: Examples might include Medicaid Best Price Fraud, or charging the government a worse price than retailers receive on prescription drugs.
• Lab fraud: Examples might include violations of the Stark Law, performing unnecessary scans or tests, or submitting false claims.
• Addiction center treatment fraud: Patient brokering in order to receive patient recommendations and referrals is a real issue in addiction treatment centers, as it is in many elder care settings as well.
• Offering or receiving kickbacks: This includes money, free or reduced rent, travel and airfare, hotel stays, expensive dinners, new technology, sporting event or theater tickets, and other kinds of compensation in order to convince a doctor to prescribe a certain drug or DME.

How Does a Qui Tam Lawsuit Work?

In order to file a qui tam lawsuit in Chicago, you must be represented by a qui tam attorney. This is because the government is the actual defrauded party, not the whistleblower. However, not every qui tam law firm is the same. Power Rogers has the years of experience and know-how necessary to get your qui tam claim over the finish line while protecting your own interests and identity as a whistleblower every step of the way.

There are several requirements for filing a qui tam lawsuit:

• You must have unique, previously undisclosed information about fraud that involves wrongful receipt or non-repayment of government funds.
• You must be the first person to come forward with the information in order to be eligible for a reward.
• You must come forward voluntarily and in a timely manner in order to qualify.

The False Claims Act statute of limitations establishes that you may not file:

1. “more than 6 years after the date on which the violation of section 3729 is committed, or
2. more than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the United States charged with the responsibility to act in the circumstances,
3. but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.” (31 U.S.C. § 3731(b))

Many healthcare whistleblowers report when they have already left or are considering leaving their job at a hospital, healthcare facility, or pharmaceutical company. You may be able to report as a former employee as long as your claim still falls within the appropriate time frame. A qui tam attorney at Power Rogers can assess the evidence in your possession, advise you about what would strengthen your claim, as well as ensure that you are filing appropriately.

Do Whistleblowers Get Paid?

Whistleblowers may be rewarded for filing a successful claim, however, there are certain nuances to qui tam cases that influence how much they can receive.

Once you have filed your claim through a qui tam law firm, you do not instantly receive a reward. The federal government must decide whether or not to intervene in your case. The claim will be filed under seal while DOJ investigators look into the evidence that you have provided and assess the strength of the claim. At the end of this period, they will either accept your case, and you will be asked to give evidence, or they will decline, and your law firm may be able to represent you in the case moving forward.

What the government decides to do about your case influences how much you may get paid as a whistleblower. Cases involving government intervention tend to involve much higher settlement amounts because of the extensive discovery and prosecution powers of the DOJ. This means that even though you may receive a lower percentage of the overall claim, anywhere from 15% to 20%, government intervention is in your best interests. For this reason, it is important to work with a qui tam law firm with a pristine reputation when handling your claim.

If the government does not intervene, you become eligible to receive up to 30% of the total settlement due to the work of your qui tam law firm on pursuing the case. In order to make this work, you will need to file with a qui tam law firm that has the resources and experience necessary to pursue an investigation into a company that the federal government has deemed not in their own best interests to handle.

Regardless, there is a waiting period for whistleblowers before they receive their final percentage of the total settlement. Your qui tam attorney will handle the logistics of your case for the most part during this time, as well as ensure that your identity is protected as much as possible from discovery and any media attention that ensues from your claim.

Protection for Whistleblowers

As a whistleblower, you can file anonymously through your qui tam law firm when reporting fraud. Our firm’s name, Power Rogers, will be listed on the lawsuit, and not your own. This can help protect whistleblowers who are hesitant about coming forward due to concerns about retaliation.

However, if you are discriminated against as a healthcare whistleblower, there are additional protections available to you. Besides Illinois state and federal whistleblower protection laws, under the False Claims Act, eligible whistleblowers receive a federal right of action if they are:

• Harassed
• Discriminated against
• Passed over for promotion or rehiring
• Have their hours or pay reduced
• Demoted
• Suspended
• Fired

Or otherwise retaliated against as a result of their protected disclosure. Your attorney at Power Rogers can sue on your behalf during or after the qui tam claim and fight for you to receive compensation. This may include double back pay, reinstatement at the prior seniority level, attorneys fees and costs, and any additional recovery that the court determines necessary to make you whole.

Why Work With a Chicago Whistleblower Lawyer at Power Rogers?

Working with a qui tam lawyer has many advantages. Qui tam claims are a complicated area of law that can involve both federal statutes as well as Illinois law. A Chicago whistleblower lawyer at Power Rogers can help you understand your role in the case, as well as help you communicate with federal investigators from day one of reporting and onwards.

Our attorneys can help you gather evidence, protect your identity, protect you against retaliation, follow up with federal investigators, and ensure your claim moves smoothly throughout every stage of the qui tam process. If you are implicated in the fraud, you may still be able to blow the whistle under certain circumstances. However, working with a skilled Chicago whistleblower attorney becomes even more important to protect your professional and personal interests in these cases.

Chicago Whistleblower Lawyer: FAQs

The following are some frequently asked questions about becoming a Chicago healthcare whistleblower. If you have specific questions about fraud you have witnessed at work, contact Power Rogers directly.

How long do you have to file a whistleblower claim?

The FCA has a unique statute of limitations that ranges from three to 10 years. The statute of limitations is influenced by the amount of time from when a government official or other responsible party either knew or should have known about the fraud being committed.

However, in addition to the statute of limitations, whistleblower amounts can be raised or lowered depending on the willingness and speed with which a whistleblower comes forward to report information. It is important to note that because only the first whistleblower to file their evidence is eligible for a reward, the clock for filing may be even shorter. Speaking up as soon as possible is always advisable.

How long do whistleblower cases take?

Whistleblower cases can take several months or even years in certain circumstances. Variables that determine length can include whether or not government investigators intervene in the case, the amount of evidence available, and the number of years that have passed since the fraud.

Are whistleblowers anonymous?

Whistleblowers can report anonymously, although their identity cannot be fully guaranteed to be redacted in all circumstances. For the maximum amount of protection, file your claim through a whistleblower law firm to use the firm’s name in lieu of your own on the case.

What evidence is needed to prove healthcare fraud in a whistleblower case?

Different kinds of evidence can qualify you to receive funds through a qui tam claim. Examples might include billing records, audits, reports and emails, text messages, eyewitness testimony, and more. Consult with a qui tam attorney before you take something from your workplace to ensure that you will not open yourself up to personal liability by doing so.

Do you have a whistleblower lawyer near me?

Our whistleblower attorneys are available for a free consultation and look forward to discussing your case. Our office is located at 70 West Madison Street, Suite 5500, Chicago, IL 60602.

Schedule a Free Consultation With Our Whistleblower Lawyers in Chicago

Blowing the whistle on healthcare fraud protects patients, taxpayer dollars, and the efficacy of our healthcare system. Many people hesitate to come forward with proof of fraud, but reporting with a qui tam law firm like Power Rogers can help protect you against retaliation and increase your chance of receiving a reward. For a free consultation about your whistleblower claim, contact us today.