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ANALOGOUS STATE AND TERRITORY FALSE CLAIMS ACTS

ANALOGOUS STATE AND TERRITORY FALSE CLAIMS ACTS

ALASKA

Alaska has a Medical Assistance False Claim and Reporting Act that applies to frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it used to have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. After a repeal in 2019, the qui tam provisions no longer exist, and whistleblowers can no longer begin actions on behalf of the state.

ARKANSAS

Arkansas has a Medicaid Fraud False Claims Act that applies to frauds affecting the state’s Medicaid program. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. Although a person that comes forward with information may receive up to 10% of any recoveries based on their information, whistleblowers cannot begin an action on behalf of the state.

CALIFORNIA

California has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Although wide in application, frauds involving workers’ compensation and tax frauds are not actionable under this law. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-33% of any proceeds if the government intervenes in the action, and 25-50% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

COLORADO

Colorado has a Medicaid False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

CONNECTICUT

Connecticut has a False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s medical assistance programs, including Medicaid. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

DELAWARE

Delaware has a False Claims and Reporting Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

DISTRICT OF COLUMBIA

The District of Columbia has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. The statute specifically allows for actions based on tax violations. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the government. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

FLORIDA

Florida has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

GEORGIA

Georgia has a Taxpayer Protection False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds, and a separate False Medicaid Claims Act which covers frauds against the state’s Medicaid program. Like the federal False Claims Act, both have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. These percentages are the same under both acts. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

GUAM

Guam has a False Claims and Whistleblower Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the government. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced. The act has specific provisions for tax frauds. In these cases, a whistleblower can receive between 15-30% of any recovered proceeds if the government intervenes, and not less than 30% if it does not.

HAWAII

Hawaii has two false claims acts that allows whistleblowers to come forward with information on a wide array of frauds. One applies to frauds committed against the state and the other applies to frauds committed against its counties. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state or the counties. Under both laws, if a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

ILLIONOIS

Illinois has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

INDIANA

Indiana has a False Claims and Whistleblower Protection Act that allows whistleblowers to come forward with information on a wide array of frauds, and a separate Medicaid False Claims Act which covers frauds against the state’s Medicaid program. Like the federal False Claims Act, both have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. These percentages are the same under both acts. If the whistleblower initiated or planned the fraud, no award is granted to the whistleblower.

IOWA

Iowa has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

KANSAS

Kansas has a False Claims Act that applies to a wide array of frauds. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. It does not include reward provisions either.

LOUISIANA

Louisiana has the Medical Assistance Programs Integrity Law that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

MARYLAND

Maryland has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds, and a separate False Health Claims Act which covers frauds against the state’s Medicaid program. Like the federal False Claims Act, both have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If the state decides to not intervene, the action must be dismissed. If a claim is successful, a whistleblower can receive 15-25% of any proceeds. If the whistleblower initiated or planned the fraud the amounts can be reduced. Maryland also has a separate whistleblower tax program. Like the IRS whistleblower program, qualified whistleblowers can submit information to the Office of the Comptroller. If a recovery stems from the submitted information, the whistleblower can receive 15-30% of what is recovered.

MASSACHUSETTS

Massachusetts has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

MICHIGAN

Michigan has the Medicaid False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

MINNESOTA

Minnesota has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Although wide in application, tax frauds are not actionable under the statute. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not.

MISSISSIPPI

Mississippi has a False Claims Act that applies to frauds affecting the state’s Medicaid program. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. It does not include reward provisions either.

MISSOURI

Missouri has a False Claims Act that applies to frauds affecting the state’s Medicaid program. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. Although a person that comes forward with information may receive up to 10% of any recoveries based on their information, whistleblowers cannot begin an action on behalf of the state. If the whistleblower initiated or planned the fraud, no reward is granted.

MONTANA

Montana has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

NEBRASKA

Nebraska has a Medicaid False Claims Act that applies to frauds affecting the state’s Medicaid program. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. It does not include reward provisions either.

NEVADA

Nevada has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

NEW HAMPSHIRE

New Hampshire has a False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

NEW JERSEY

New Jersey has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. Although wide in application, tax frauds are not actionable under the statute. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

NEW MEXICO

New Mexico has a Fraud Against Taxpayers Act that allows whistleblowers to come forward with information on a wide array of frauds, and a separate Medicaid False Claims Act which covers frauds against the state’s Medicaid program. Like the federal False Claims Act, both have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. These percentages are the same under both acts. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

NEW YORK

New York has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. The act has specific provisions for tax frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the government. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

NORTH CAROLINA

North Carolina has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

OKLAHOMA

Oklahoma has the Medicaid False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

OREGON

Oregon has a False Claims Act that applies to a wide array of frauds. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. It does not include reward provisions either.

PUERTO RICO

The False Claims to Government of Puerto Rico Programs, Contracts, and Services Act allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced. The same can happen if the action is based on easily accessible information

RHODE ISLAND

Rhode Island has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

TENNESSEE

Tennessee has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds, and a separate Medicaid False Claims Act which covers frauds against the state’s Medicaid program. Like the federal False Claims Act, both have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful under the False Claims Act a whistleblower can receive 25-33% of any proceeds if the government intervenes in the action, and 35-50% if it does not. If a claim is successful under the Medicaid False Claims Act a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced under both laws.

TEXAS

Texas has the Medicaid Fraud Prevention Law that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

UTAH

Utah has a False Claims Act that applies to frauds involving healthcare. Unlike the federal False Claims Act, it does not have qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. It does not include reward provisions either.

VERMONT

Vermont has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

VIRGIN ISLANDS

The Virgin Islands has a False Claims Act that allows whistleblowers to come forward with information on a wide array of frauds. Although wide in application, frauds involving workers’ compensation and tax frauds are not actionable under this law. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 33-50% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

VIRGINIA

Virginia has a Fraud Against Taxpayers Act that allows whistleblowers to come forward with information on a wide array of frauds. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. These percentages are the same under both acts. If the whistleblower initiated or planned the fraud, the amounts can be reduced.

WASHINGTON

Washington has a State Medicaid Fraud False Claims Act that allows whistleblowers to come forward with information on frauds affecting the state’s Medicaid program. Like the federal False Claims Act, it has qui tam provisions allowing whistleblowers to file a complaint on behalf of the state. If a claim is successful, a whistleblower can receive 15-25% of any proceeds if the government intervenes in the action, and 25-30% if it does not. If the whistleblower initiated or planned the fraud, the amounts can be reduced or eliminated.

WISCONSIN

Wisconsin had a False Claims Act which applied to medical frauds, but it was repealed in 2015.

 

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