Master v. LHC Group, Inc. (Summary)

FALSE CLAIMS ACT

Master v. LHC Group, Inc., No. 07-1117 (W.D. La. Mar. 1, 2013)

The United States District Court for the Western District of Louisiana ruled that the False Claims Act’s anti-retaliation provision only applies to current employees.  In this case, a consulting firm hired a nurse to work on a compliance audit of a health care provider.  The nurse left the employment of the consulting firm, then allegedly used information obtained during her employment to bring a qui tam suit under the False Claims Act against the health care provider she had audited.

The consulting firm sued her, claiming that she improperly used confidential information she obtained during her employment.  In response, the nurse claimed that the consulting firm’s lawsuit constituted retaliation under the False Claims Act.  The court ruled that the False Claims Act does not provide a remedy for post-employment retaliation.