False Claims Statutes

A case brought under the Federal False Claims Act can be filed in any state.

Qui tam lawsuits can also be filed by whistleblowers under state-specific false claims laws if the fraud involves Medicaid funds or money from state and local agencies. In order for whistleblowers to receive a reward for their contributions to the recovery of state funds, most states that have whistleblower laws require the whistleblower to bring a qui tam lawsuit against the company or individual cheating the state.

In at least two states, Arkansas and Missouri, a whistleblower may receive a reward for providing information that leads to a recovery even though these states do not allow whistleblowers to file qui tam lawsuits.

Some state-specific False Claims Acts apply only to fraud involving Medicaid or other state healthcare funds. These states include:  ArkansasColorado, ConnecticutLouisianaMarylandMichiganMissouriNew HampshireOklahomaTexas, and Washington.

In other states, the False Claims Act applies to a broader range of state, and sometimes local, government programs including Medicaid. These states include: California, Delaware, FloridaGeorgiaHawaii, Illinois, IndianaIowa, MassachusettsMinnesotaMontana, Nevada, New Jersey, New Mexico, New YorkNorth CarolinaRhode Island, Tennessee, and Virginia, as well as the District of Columbia.

In addition, a handful of cities and municipalities have created their own versions of the False Claims Act with qui tam provisions.  Places with “local” False Claims Acts include:  Bay Harbor Islands, FL; Broward County, FL; Miami-Dade County, FL; Hallandale Beach, FL; Chicago, IL; New York, NY; Allegheny County, PA; and Philadelphia, PA.  However, these local laws are generally less comprehensive and effective as their federal and state counterparts.

Here are links to the texts of False Claims Acts mentioned above: