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State and Local False Claims Acts

Whistleblowers with information that a state or local government has been defrauded may be able to bring a qui tam suit under a state False Claims Act or a local false claims act.  These acts are modeled after the federal False Claims Act, with the same structure and elements.

While some state false claims acts are limited to healthcare fraud, others are more general and encompass many types of fraud against the state. Successful suits have been brought against telecommunications companies, financial firms, charter schools, construction companies, Medicaid providers and others.

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State False Claims Acts with qui tam provisions

California

The California False Claims Act allows whistleblowers who know of violations of the law to file a qui tam lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud, although tax fraud and workers’ compensation fraud are specifically exempted from the reach of the California False Claims Act.

The terms of the California False Claims Act extend beyond the state to political subdivisions, including cities, counties, assessment districts and other local government entities. Qui tam suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 33 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 50 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Colorado

The Colorado Medicaid False Claims Act applies only to false claims presented under the state’s Medical Assistance Act.  Qui tam suits may be brought by whistleblowers who discover that false claims have been presented to the Colorado Medicaid program.

A successful whistleblower will receive between 15 and 33 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 50 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Connecticut

The Connecticut Medicaid False Claims Act applies only to false claims presented under the state’s health or human services programs. Qui tam suits may be brought by whistleblowers who discover that false claims have been presented to the Connecticut Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Delaware

The Delaware False Claims and Reporting Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Delaware False Claims and Reporting Act extend beyond the state to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

District of Columbia

The District of Columbia False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the District, not just healthcare fraud.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the District intervenes; if the District does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned and initiated the violation.

Read the full text of the law here.

Florida

The Florida False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Florida False Claims Act apply to the state and any instrumentality of the state. “Qui tam” suits may be brought by whistleblowers on behalf of the state or its instrumentalities.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Georgia

Georgia has both a has both a False Claims Act, covering many types of fraud against the state, and a separate False Medicaid Act, which applies to false claims presented to the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers under both laws.

The terms of the Georgia False Claims Act extend to political subdivisions, including counties, school districts and municipal corporations. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower proceeding under either Act will receive between 15 and 25 percent of the proceeds in cases where the states intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Hawaii

Hawaii has two false claims acts, one that covers claims to the state and another that covers claims to the counties. Both the state false claims act and the county false claims act allow whistleblowers who know of violations of the law to file a “qui tam” lawsuit. The laws have general application, covering many types of fraud against the state and counties, not just healthcare fraud.

Under both of the Hawaii Acts a successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Illinois

The Illinois False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Illinois False Claims Act extend beyond the state to political subdivisions, including State colleges and universities, school districts, counties, and municipalities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Indiana

Indiana has both a False Claims Act, covering many types of fraud against the state, and a separate Medicaid False Claims Act, which applies to false claims presented to the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers under both laws.

The terms of the Indiana False Claims Act apply only to the state and not to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state only.

Under both of the Indiana Acts a successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. If the whistleblower planned or initiated the violation, the whistleblower is not entitled to an award.

Read the full text of the law here.

Iowa

The Iowa False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.
A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Louisiana

The Louisiana Medical Assistance Programs Integrity Law applies only to false claims presented under the state’s Medical Assistance Act. “Qui tam” suits may be brought by whistleblowers who discover that false claims have been presented to the Louisiana Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Maryland

Maryland has both a False Claims Act, covering many types of fraud against the state, and a separate Medicaid False Claims Act, which applies to false claims presented to the state’s Medicaid program. Whistleblower suits may be brought under both laws.

The terms of the Maryland False Claims Act extend beyond the state to Maryland counties.

Although a whistleblower may initiate an action under either law, if the state does not intervene the suit will be dismissed.

A successful whistleblower will receive between 15 and 25 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Massachusetts

The Massachusetts False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Massachusetts False Claims Act extend beyond the state to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced or eliminated if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Michigan

The Michigan Medicaid False Claim Act applies to false claims presented under the state’s social welfare act. “Qui tam” suits may be brought by whistleblowers who discover that false claims have been presented to the Michigan Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced or eliminated if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Minnesota

The Minnesota False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud, although tax fraud is specifically exempted from the reach of the Minnesota False Claims Act.

The terms of the Minnesota False Claims Act extend beyond the state to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds.

Read the full text of the law here.

Montana

The Montana False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Montana False Claims Act extend beyond the state to political subdivisions, including cities, towns, counties, school districts, and other governmental entities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced or eliminated if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Nevada

The Nevada False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Nevada False Claims Act extend beyond the state to political subdivisions, including any county, city, assessment district, or other local governmental entity. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

New Hampshire

The New Hampshire False Claim Act applies only to false claims presented under the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers who discover that false claims have been presented to the New Hampshire Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; it the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

New Jersey

The New Jersey False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud, although tax fraud is specifically exempted from the reach of the New Jersey False Claims Act.

The terms of the New Jersey False Claims Act extend to the state’s executive branch and to independent state authorities. “Qui tam” suits may be brought by whistleblowers on behalf of the state.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

New Mexico

New Mexico has both a Fraud Against Taxpayers Act, covering many types of fraud against the state, and a separate Medicaid False Claims Act, which applies to false claims presented to the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers under both laws.

The terms of the New Mexico False Claims Act extend beyond the state to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

Both laws provide that a successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

New York

The New York State False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud. The Act specifically allows whistleblower suits based on violations of the state’s tax laws, provided the violator’s annual income exceeds $1 million and the damages exceed $350,000.

The terms of the New York False Claims Act extend beyond the state to political subdivisions, including counties, cities, towns, school districts and other local government entities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

North Carolina

The North Carolina False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Oklahoma

The Oklahoma Medicaid False Claims Act applies only to false claims presented under the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers who discover that false claims have been presented to the Oklahoma Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Rhode Island

The Rhode Island False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Rhode Island False Claims Act extend beyond the state to political subdivisions, including cities, counties, public corporations and other government entities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Tennessee

Tennessee has both a False Claims Act, covering many types of fraud against the state, and a separate Medicaid False Claims Act, which applies to false claims presented to the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers under both laws.

The terms of the Tennessee False Claims Act extend beyond the state to political subdivisions, including cities, counties and other government entities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

Under the Tennessee False Claims Act a successful whistleblower will receive between 25 and 33 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 35 and 50 percent of the proceeds. These amounts may be reduced if the whistleblower actively participated in the fraudulent activity.

Under the Tennessee Medicaid False Claims Act a successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Texas

The Texas Medicaid Fraud Prevention Law applies only to false claims presented under the state’s Medicaid Act. “Qui Tam” suits may be brought by whistleblowers who discover that false claims have been presented to the Texas Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Texas has a separate provision that allows for awards to individuals who report activities that constitute Medicaid fraud or abuse and whose information results in the recovery of an administrative penalty. The award may not exceed 5 percent of the penalty. A person who brings a “qui tam” action under the Medicaid Fraud Prevention Law is not eligible for an award under this section.

Read the full text of the law here.

Vermont

The Vermont False Claims Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Vermont False Claims Act extend beyond the state to political subdivisions, including municipalities, counties, public corporations and other government entities. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Virginia

The Virginia Fraud Against Taxpayers Act allows whistleblowers who know of violations of the law to file a “qui tam” lawsuit. It has general application, covering many types of fraud against the state, not just healthcare fraud.

The terms of the Virginia Fraud Against Taxpayers  Act extend beyond the state to political subdivisions. “Qui tam” suits may be brought by whistleblowers on behalf of the state or a political subdivision.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Washington

The Washington State Medicaid Fraud False Claims Act applies only to false claims presented under the state’s Medicaid program. “Qui tam” suits may be brought by whistleblowers who discover that false claims have been presented to the Washington State Medicaid program.

A successful whistleblower will receive between 15 and 25 percent of the proceeds in cases where the state intervenes; if the state does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. These amounts may be reduced if the whistleblower planned or initiated the violation.

Read the full text of the law here.

States with False Claims Acts but no qui tam provision

Arkansas

The Arkansas Medicaid Fraud False Claims Act applies only to fraud involving the state Medicaid program.

The Arkansas law is not a “qui tam” statute. Although it provides a reward of up to ten percent to persons who provide information leading to a recovery, there is no provision for a whistleblower to bring a private action on behalf of the state.

Read the full text of the law here.

Missouri

The Missouri false claims act applies only to fraud involving the state Medicaid program.

The Missouri law is not a “qui tam” statute. Although it provides a reward of 10 percent to persons who are the original source of information leading to a recovery, there is not a provision for a whistleblower to bring a private action on behalf of the state. There is no reward if the whistleblower planned or initiated the violation.

Read the full text of the law here.

Cities and counties with False Claims Acts

Bay Harbor Islands, Florida

The Bay Harbor Islands False Claims Ordinance allows whistleblowers who know of violations of the law to bring a civil action in the name of the town.

A successful whistleblower will receive 10 percent of the proceeds in cases where the town intervenes; if the town does not intervene a successful whistleblower will receive 25 percent of the proceeds. A whistleblower who planned, initiated or furthered the violation will not receive any share.

Civil actions under the Bar Harbor Islands False Claims Ordinance must be brought within 7 years of the violation and shorter time limitations may apply.

Read the full text of the law here.

Broward County Florida

The Broward County False Claims Ordinance allows whistleblowers who know of violations of the law to bring a civil action in the name of the county.

A successful whistleblower will receive between 15 and 25 percent of the recovery where the county pursues the action; if the county does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. A whistleblower who planned, initiated or furthered the violation will not receive any share.

Read the full text of the law here.

City of Hallandale Beach, Florida

The City of Hallandale Beach False Claims Ordinance allows whistleblowers who know of violations of the law to bring a civil action in the name of the city.

A successful whistleblower will receive up to 15 percent of the proceeds in cases where the town intervenes; if the town does not intervene a successful whistleblower will receive up to 20 percent of the proceeds. A whistleblower who violated the ordinance will not receive any share.

Read the full text of the law here.

Miami-Dade County, Florida

The Miami-Dade County False Claims Ordinance allows whistleblowers who know of violations of the law to bring a civil action in the name of the county.

A successful whistleblower will receive 10 percent of the recovery where the county pursues the action; if the county does not pursue the action a successful whistleblower will receive 25 percent of the recovery. These amounts may be reduced if the whistleblower planned, initiated, or furthered the violation.

Read the full text of the law here.

Chicago, Illinois

The Chicago False Claims Act Ordinance allows whistleblowers who know of violations of the law to bring a civil action in the name of the city.

A successful whistleblower will receive between 15 and 25 percent of the recovery where the city pursues the action; if the city does not intervene a successful whistleblower will receive between 25 and 30 percent of the proceeds. The share may be reduced if the whistleblower planned, initiated or participated in the violation. A person convicted of criminal conduct related to the violation will not receive an award.

Read the full text of the law here.

New York City, New York

The New York City False Claims Act allows whistleblowers who know of violations of the law to bring a civil action in the name of the city.  The term “city” as used in the Act includes any city agency, department, division or bureau, and any board, committee, institution, agency of government, local development corporation or public benefit corporation, the majority of whose members are appointed by city officials. The act does not apply to violations involving federal, state, or local tax laws.

The city may pursue a civil action, designate the whistleblower to file an action on behalf of the city, or decline either to bring an action or to designate the whistleblower.

A successful whistleblower will receive between 15 and 25 percent of the recovery where the city pursues the action; a whistleblower designated to pursue the action will receive between 25 and 30 percent if successful.  These amounts may be reduced if the whistleblower initiated the violation.

Read the full text of the law here.

Allegheny, Pennsylvania

The Allegheny County False Claims Act allows whistleblowers who know of violations of the law to submit a proposed civil complaint to the county solicitor. If the county solicitor elects not to proceed, the whistleblower may file and conduct the action.

A successful whistleblower will receive between 10 and 25 percent of the recovery where the county pursues the action; if the county declines to pursue the action, a successful whistleblower will receive between 15 and 30. A person convicted of criminal conduct related to the violation will not receive an award.

Read the full text of the law here.

Philadelphia

The Philadelphia False Claims Ordinance allows whistleblowers who know of violations of the law to submit a proposed civil complaint to the city solicitor. The city solicitor may pursue a civil action, designate the whistleblower to file an action on behalf of the city, decline either to bring an action or to designate the whistleblower, or proceed in another manner.

A successful whistleblower will receive between 10 and 25 percent of the recovery where the city pursues the action; a whistleblower designated to pursue the action will receive between 15 and 30 percent if successful. A person convicted of criminal conduct related to the violation will not receive an award.

Read the full text of the law here.

The descriptions here of the elements and procedures of state and local False Claims Acts is general in nature.  State and local FCAs and the laws surrounding them are complex.  The whistleblower attorneys of Constantine Cannon understand the complicated, constantly changing landscape of state and federal whistleblower laws. If you would like more information or would like to speak to a member of Constantine Cannon’s whistleblower lawyer team, please Contact us for a Confidential Consultation.

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