The Department of Justice’s new initiative targeting criminally negligent nursing homes creates a unique opportunity, under the False Claims Act, for whistleblowers operating in the skilled nursing industry.

DOJ launched the National Nursing Home Initiative on March 3 but said it had begun investigating some 30 facilities in nine states even before the announcement. Several cases against nursing homes have also been brought under the False Claims Act in recent years alleging billing for unnecessary, or “false,” health services.

Potential violations whistleblowers should report include:

  • Failure to provide adequate staff for residents
  • Substandard hygiene and infection controls
  • Inadequate nutrition for residents
  • Improper use of physical or chemical restraints, including withholding of pain medication
  • Inadequate facility cleanliness

Read more about the Qui Tam implications here: DOJ Targeting Skilled Nursing Under False Claims