State False Claims Acts
Under the federal False Claims Act, a whistleblower may bring an action in the name of the United States against an individual for false claims made to the federal government.
In addition, many states have enacted false claims acts to recover money fraudulently obtained by defendants from state funds. 33 states and the District of Columbia currently have a False Claims Act. In an effort to deter fraud and share in the recovery of large False Claims Act settlements and judgments, many other states are presently considering legislative proposals to enact a state False Claims Act.
Twenty-nine states have a False Claims Act containing qui tam provisions which allow whistleblowers to initiate a compliant and seek recovery of a portion of a settlement or judgment.
Of these 34 false claims acts, 10 target only health care or Medicaid fraud, and 6 mirror the federal FCA but do not have a qui tam provision (meaning only the state government may initiate a complaint).
States With a False Claims Act Containing a Qui Tam Provision:
- District of Columbia
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- Rhode Island
States with a False Claims Act Not Including a Qui Tam Provision:
†False Claims Act which applies only to health care or Medicaid fraud
The information about state FCA statutes above is believed to be accurate as of the date of its posting. Nonetheless, attorneys and qui tam relators should review this information before relying on it.