In addition to the federal False Claims Act, many states also have false claims acts with qui tam provisions. While most of these are very similar to the federal version of the False Claims Act, the provisions do vary – sometimes significantly – between states.
In many states, if the fraud involves Medicaid funds or money from state and local agencies, qui tam lawsuits can be filed by whistleblowers under state false claims laws. In order for whistleblowers to receive a reward for their whistleblowing activities that lead to the recovery of state funds, most states require the whistleblower to bring a qui tam lawsuit against the company or individual defrauding the state.
In some states the false claims law applies to a broad range of state government programs. Some state false claims laws apply only to fraud involving Medicaid or other state healthcare funds. Additionally, in some states some local government programs are covered under that state’s false claims act.
There are some states that have neither a qui tam provision nor a whistleblower reward. These states include: Kansas (KSA 75-7501 through 75-7511, general application), Mississippi (Miss. Code 43-13-201 through 43-13-233, Medicaid only), Nebraska (R.R.S. Neb. 68-934 et seq., Medicaid only), Oregon (ORS 180.750 through 180.785, general application) and Utah (Utah Code 26-20-1 through 26-20-15, healthcare only).
In Arkansas and Missouri, a whistleblower may receive a reward for providing information that leads to the recovery of state funds although these states do not allow whistleblowers to file qui tam lawsuits.
The following states have laws that apply to fraud involving a broad range of state-funded programs, including Medicaid: California, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maryland (as of 6/1/2015), Massachusetts, Minnesota, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Tennessee, Virginia, and the District of Columbia.
The following states have false claims laws that apply only to fraud involving Medicaid or other state healthcare funds: Arkansas, Colorado, Connecticut, Louisiana, Michigan, Missouri, New Hampshire, Oklahoma, Texas and Washington.
If you have information or evidence about violations of the False Claims Act, act immediately to protect your possible reward and your rights. Contact our whistleblower lawyers at the Utah Whistleblower Hotline immediately by email or by calling (801) 323-5000 for a FREE evaluation of your potential case.