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The OIG promulgated a safe harbor that protects ambulance restocking of emergency <br /> ambulances. The conditions for that safe harbor are found in the NSMT Compliance Policy on <br /> Hospital Restocking. <br /> 7. Compliance with Safe Harbor Provisions is Voluntary <br /> Compliance with the terms of each criterion in a safe harbor regulation is voluntary. Although <br /> compliance with these safe harbor regulations assures an entity or an individual that a particular <br /> practice does not violate the Anti-kickback Statute, an action or arrangement that does not satisfy <br /> each criterion of a safe harbor does not necessarily violate the Anti-kickback Statute. Rather, that <br /> financial arrangement merely lacks the assurance that it is protected from liability under the <br /> Anti-kickback Statute. <br /> M. FEDERAL FALSE CLAIMS STATUTES <br /> A. The Federal False Claims Act("FCA")prohibits anyone from knowingly presenting, or causing to <br /> be presented, a false or fraudulent claim in order to secure payment from the federal government. <br /> A person found to have violated this statute is liable of not less than $5,500 and not more than <br /> $11,000 for each claim, plus three times the amount of damages sustained by the federal <br /> government. The False Claims Act defines "knowing" and "knowingly" as: actual knowledge; <br /> deliberate ignorance of the truth; or,reckless disregard of the truth or falsity. Therefore, no proof <br /> of specific intent to defraud is required to demonstrate a violation of this Act. <br /> B. The FCA helps the federal government combat fraud and recover losses resulting from fraud in <br /> federal programs, purchases, or contracts. A person or entity may violate the FCA by knowingly: (1) <br /> submitting a false claim for payment, (2)making or using a false record or statement to obtain <br /> payment for a false claim, (3) conspiring to make a false claim or get one paid, or(4)making or <br /> using a false record to avoid payments owed to the U.S. Government(the "Government"). Lawsuits <br /> must be filed by the later of either: (1)three years after the violation was discovered by the federal <br /> official responsible for investigating violations (but no more than ten years after the violation was <br /> committed), or(2) six years after the violation was committed. <br /> C. An individual also has the right to file a civil suit for him or herself and for the government to <br /> challenge a FCA violation. The suit must be filed in the name of the government. Such an individual <br /> is called a qui tarn plaintiff or "relator". Successful relators may receive between 15 and 30 percent <br /> of the total amount recovered(plus reasonable costs and attorney fees) depending on the <br /> involvement of the relator and whether the government prosecuted the case. An individual cannot <br /> file a lawsuit based on public information,unless he or she is the original source of the information. <br /> D. The FCA contains important protections for whistleblowers. Employees who report fraud and <br /> consequently suffer discrimination are entitled to all relief necessary to be made whole, including <br /> two times their back pay plus interest, reinstatement at the seniority level they would have had <br /> except for the discrimination, and compensation for any costs or damages they have incurred. <br /> E. The Program Fraud Civil Remedies Act <br /> 20 <br />