|
Title |
Implementing US-style anti-fraud laws in the Australian
pharmaceutical and health care industries |
Author(s) |
Thomas A Faunce, Gregor Urbas and Lesley Skillen - Personal Name
|
Subject |
Health and Medical Law |
Publisher |
Medical Journal of Australia |
Publishing Year |
2011 |
Specific Detail Info |
This article critically analyses the prospects for introducing
United States anti-fraud (or anti-false claims) laws in the
Australian health care setting.
Australian governments spend billions of dollars each year on
medicines and health care. A recent report estimates that the
money lost to corporate fraud in Australia is growing at an
annual rate of 7%, but that only a third of the losses are
currently being detected.
In the US, qui tam provisions — the component of anti-fraud
or anti-false claims laws involving payments to whistleblowers
— have been particularly successful in providing critical
evidence allowing public prosecutors to recover damages for
fraud and false claims made by corporations in relation to
federal and state health care programs.
The US continues to strengthen such anti-fraud measures and
to successfully apply them to a widening range of areas
involving large public investment.
Australia still suffers from the absence of any comprehensive
scheme that not only allows treble damages recovery for
fraud on the public purse, but crucially supports such actions
by providing financial encouragement for whistleblowing
corporate insiders to expose evidence of fraud. Potential
areas of application could include direct and indirect
government expenditure on health care service provision,
pharmaceuticals, medical devices, defence, carbon emissions
compensation and tobacco-related illness. |
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