Federal Regulations

Campus Security

PHONE: (504) 568-8999
http://www.is.lsuhsc.edu/police/

Information relative to the authority, mission composition, and function of the University Police Department for the Health Sciences Center is included in the University Police section of this publication. Beginning September 1, 1992, and annually thereafter, data on specific incidents of crime required under Title II of the Crime Awareness and Campus Security Act of 1990 will be provided upon request by the University Police Department.

Equal Opportunity

The LSU System assures equal opportunity for all qualified persons without regard to race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, or veteran’s status in the admission to, participation in, or employment in the programs and activities, which the LSU System operates. Anyone having questions or complaints regarding equal opportunity at the LSU Health Sciences Center should contact:

Office of Human Resource Management
433 Bolivar Street
New Orleans, LA 70112-2223
(504) 568-3916

Persons believing they have been discriminated against contrary to federal law are entitled to make an inquiry or file a complaint with the

United States Equal Employment Opportunity Commission
701 Loyola Avenue
New Orleans, LA 70113

or

United States Department of Health and Human Services
Office for Civil Rights
1301 Young Street
Suite Number 1169
Dallas, TX 75202.

Family Education Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. These rights include; the right to inspect and review the student’s education records within 45 days of the day the University receives a request for access, the right to request the amendment of the student’s education records that the student believes is inaccurate, the right to consent to disclosures of personally identifiable information contained in the student’s education records except to the extent that FERPA authorizes disclosure without consent, and the right to file a complaint with the U.S. Department of Education concerning alleged failures by LSUHSC to comply with the requirements of FERPA.

The act further provides that LSUHSC may release certain information about the student, designated as directory information, unless the student has informed the institution in writing that such information should not be released. Directory information is the information in the education record of the student that generally would not be considered harmful or an invasion of privacy if disclosed. Directory information includes: the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, dates of attendance, enrollment status, degrees, honors and awards received, expected graduation date, planned post-completion placement (e.g. AAMC match), and the most recent educational agency or institution attended by the student. A student who desires that any or all of the above listed information not be released must submit a written request to the Office of the Registrar no later than the 10th day of the academic term. For further information, consult the LSUHSC website.

Health Insurance Portability and Accountability Act

LSU Health Sciences Center at New Orleans is a covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). All faculty, staff, and students are responsible for familiarizing themselves with University policies CM-53 (privacy) and PM-36 and CM-42 (information security) and are required to complete training modules on protection of patient privacy and security of electronic information. Training is offered in various formats including orientation sessions, web-based, and, self-study. Please direct all inquiries regarding HIPAA to the Office of Compliance Programs at 504-568-2350. Information can also be obtained from the Office of Compliance Programs website at http://www.lsuhsc.edu/no/administration/ocp/.

Military Selective Service Act

As a condition for admission on all campuses in the LSU System, any person who is required to register for the federal draft under the act and is unable to show proof of having done so will be ineligible for admission to the schools of the LSU Health Sciences Center.

Reasonable Accommodation for Students with Disabilities

LSU Health Sciences Center seeks to comply with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 by providing reasonable accommodations to students with documented disabilities. Students are responsible for providing documentation of a disability and must contact the Office of Student Affairs of their school to request a disability related accommodation. Costs associated with documentation of a disability are the responsibility of the student.

Upon receipt of such information, the Health Sciences Center will determine what reasonable accommodations, if any, are appropriate for the student.

Sexual Harassment

Sexual harassment is a form of unlawful discrimination on the basis of sex, and is defined as unwelcome verbal or physical behavior of a sexual nature that is prohibited by both LSU Health Sciences Center policy and federal law.

The Health Sciences Center reaffirms and emphasizes its commitment to provide a learning environment that is free of discriminatory, inappropriate, and disrespectful conduct or communication. Sexual harassment threatens this environment in that it inhibits the individual’s ability to function effectively as a student and violates acceptable standards of behavior. For these reasons, the Health Sciences Center will not tolerate any form of sexual harassment.

Sexual harassment may involve submission to verbal or physical conduct of a sexual nature, unwelcome sexual advances, or requests for sexual favors when these are made-either explicitly or implicitly a term or condition of an individual’s academic status. Sexual harassment may also include unwelcome verbal or physical conduct of a sexual nature when this conduct interferes with an individual’s ability to function effectively in an academic setting by creating an intimidating, hostile, or offensive environment.

All categories of students, including graduate assistants and student-employees, are governed by the Health Sciences Center’s sexual harassment policy.

To help the recipient determine how best to remedy sexual harassment, as well as to ensure that appropriate measures are taken when warranted, anyone who believes he or she has been subjected to sexual harassment may address questions or complaints to his academic advisor, department head, the Dean of Students for the student’s respective school, or the Human Resources Department. The recipient of such a complaint shall notify HRM and seek that office’s assistance in connection with an investigation of the complaint.

Deficit Reduction Act Notice

http://www.lsuhsc.edu/no/administration/ocp/dranotice.aspx

The Deficit Reduction Act was designed to improve federal and state oversight and enforcement actions against fraud and abuse in the Medicaid program. It requires that any entity receiving more than 5 million dollars in Medicaid funds per year must instruct their workforce on the following issues.

• The federal False Claims Act
• Any state civil or criminal penalties for false claims
• Whistleblower protections

Federal False Claims Act, 31 USC § 3279

The False Claims Act is a federal statute that covers fraud involving any federally funded contract or program, including the Medicaid and Medicare programs. This act is commonly known as the “Lincoln Law” because it was first enacted to counter fraudulent activities involving military procurement during the Civil War. The act establishes liability for any person who knowingly presents or causes to be presented a false or fraudulent claim to the U.S. government for payment

The term “knowingly” is defined to mean that a person, with respect to information:

• Has actual knowledge of falsity of information in the claim;
• Acts in deliberate ignorance of the truth or falsity of the information in a claim; or
• Acts in reckless disregard of the truth or falsity of the information in a claim

Claim - For purposes of the False Claims Act, a “claim” includes any request or demand for money that is submitted to the U.S. government or its contractors.

Liability - Health care providers and suppliers who violate the False Claims Act can be subject to the following:

• Civil monetary penalties (CMP) ranging from $5,500 to $11,000 for each false claim submitted.
• In addition to the above (CMP), can be required to pay three times the amount of damages sustained by the U.S. government.
• If convicted of a False Claims Act violation, the OIG may seek to exclude the provider or supplier from participation in federal health care programs.

False Claims Violation - Any conduct that leads to the submission of fraudulent claims to the government such as knowingly making false statements, falsifying records, double-billing for items or services, submitting bills or services never performed or items never furnished, or otherwise causing a false claim to be submitted.

Qui Tam “Whistleblower” Provisions

Encourages individuals to come forward and report misconduct involving false claims, the False Claims Act includes a “qui tam” or whistleblower provision. It allows any person with actual knowledge of allegedly false claims to the government. Such persons are known as a “relators.” By way of example, the U.S. Department of Justice reports that the federal government obtained more than $1.4 billion in settlements and judgments for fraud committed against the government in 2004-2005.

Qui Tam Procedure - The relator must file his or her lawsuit on behalf of the government in a federal district court. The lawsuit will be file “under seal,” meaning that the lawsuit is kept confidential while the government reviews and investigates the allegations contained in the lawsuit and decides how to proceed.

Rights of Parties to Qui Tam Actions - If the government determines that the lawsuit has merit and decides to intervene, the prosecution of the lawsuit will be directed by the U.S. Department of Justice. If the government decides not to intervene, the whistleblower can continue with the lawsuit on his or her own.

Award to Qui Tam Whistleblowers - If the lawsuit is successful, and provided certain legal requirements are met, the qui tam relator may receive an award ranging from 15 to 30 percent of the amount recovered. The whistleblower may also be entitled to reasonable expenses including attorney’s fees and costs for bringing the lawsuit.

No Retaliation - In addition to a financial award, the False Claims Act entitles whistleblowers to additional relief, including employment reinstatement, back pay, and any other compensation arising from retaliatory conduct against a whistleblower for filing an action under the False Claims Act or committing other lawful acts, such as investigating a false claim or providing testimony for, or assistance in, a False Claim Act action.

Louisiana State Law

Under Louisiana state law, the definition of a false or fraudulent claim is slightly broader, At LSA R.S. 46.437.–, “8) “False or fraudulent claim” means a claim which the health care provider or his billing agent submits knowing the claim to be false, fictitious, untrue, or misleading in regard to any material information. “

Under state law, (12) “Knowing” or “knowingly” means that the person has actual knowledge of the information or acts in deliberate ignorance or reckless disregard of the truth or falsity of the information.

Just as with the federal whistleblower statute, under Louisiana state law, “a private person (“Qui Tam plaintiff) may institute a civil action (“Qui Tam Action”) in the courts of this state on behalf of the medical assistance programs and himself to seek recovery.

A person who is or was a public employee or public official or a person who is or was acting on behalf of the state shall not bring a qui tam action if the person has or had a duty or obligation to report, investigate, or pursue allegations of wrongdoing or misconduct by health care providers, or had access to the records of the state through the normal course and scope of his employment relative to activities of health care providers.

State Whistleblower Protection

No employer of a qui tam plaintiff shall discharge, demote, suspend, threaten, harass, or discriminate against a qui tam plaintiff at any time arising out of the fact that the qui tam plaintiff brought an action pursuant to this Subpart unless the court finds that the qui tam plaintiff has instituted or proceeded with an action that is frivolous, vexatious, or harassing.

No employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought. Such an employee may seek any and all relief for his injury to which he is entitled under state or federal law.

No individual shall be threatened, harassed, or discriminated against in any manner by a health care provider or other person because of any lawful act engaged in by the individual or on behalf of the individual in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought except that a health care provider may arrange for a recipient to receive goods, services, or supplies from another health care provider if the recipient agrees and the arrangement is approved by the secretary. Such an individual may seek any and all relief for his injury to which he is entitled under state or federal law.

An employee of a private entity may bring his action for relief against his employer or the health care provider in the same court as the action or actions were brought pursuant to this Part or as part of an action brought pursuant to this Part.

Recovery awarded to a qui tam plaintiff - Generally, if the secretary or the attorney general intervenes in the action brought by a qui tam plaintiff, the qui tam plaintiff shall receive at least ten percent, but not more than twenty percent, of recovery, exclusive of the civil monetary penalty provided in R.S. 46:439.6(C). In making a determination of award to the qui tam plaintiff the court shall consider the extent to which the qui tam plaintiff substantially contributed to investigations and proceedings related to the qui tam action.

Rewards for fraud and abuse information - State law provides that there may be a reward of up to two thousand dollars to an individual who submits information to the secretary which results in recovery pursuant to the provisions of this Part, provided such individual is not himself subject to recovery under this Part.

Louisiana State False Claims Penalties

• Payment of actual damages
• In addition to actual damages, a civil fine not to exceed 10,000 dollars per violation; OR
• A civil fine not to exceed three times the value of the illegal remuneration, whichever is greater
• Payment of interest on the mandatory civil fine imposed.