More than 30 states and the District of Columbia have enacted their own False Claims Acts or like-minded statues modelled on the federal False Claims Act. These state and local laws empower whistleblowers to investigate and report fraud against state and local governments. These statutes generally create financial incentives for whistleblowers and protections against employer retaliation that are similar to what’s provided in the federal law. Like the federal False Claims Act, these laws are designed to protect and reward whistleblowers who come forward with original information regarding fraud that’s been perpetrated against the government. Billions of dollars are obtained by entities who commit fraud against state and local governments – whistleblowers are often the only people who can stop them.
The majority of these state and local False Claims Act laws address all types of fraud against the government just as broadly as the federal False Claims Act. Some, however, are restricted to the areas of Medicaid or health care fraud. It’s important to understand what rewards and protections are available under these various laws. State and local False Claims Act whistleblowers must generally file suit with the help of experienced legal counsel, such as our experts at Hagens Berman’s.
As with the federal False Claim Act, this is initiated by providing materials to state or local prosecutors just as one would the Department of Justice. Such lawsuits are also filed under seal and remain confidential during the period of government investigation. Through a qui tam action, these state and local governments are able to investigate the allegations of a whistleblower while also affording certain protections. Quite often, these state and local False Claims Act claims are made part of a federal False Claims Act lawsuit. Experienced counsel at Hagens Berman helps whistleblowers determine the best strategy for moving forward with both federal and state/local claims.
Find out more about qui tam whistleblower claims »
TYPES OF STATE WHISTLEBLOWER LAWS
Since Congress strengthened the federal False Claims Act in 1986, most states have either passed their own versions of the False Claims Act or similar statutes which bolster local whistleblower protections and potential rewards for shedding light on fraud through the filing of a qui tam lawsuit.
The majority of states have False Claims Acts whistleblower statutes that cover a broad array of fraudulent activities committed against state and local government. Again, some state laws, however, are restricted to Medicaid or other health care fraud claims. Additionally, many state whistleblower laws extend to “political subdivisions” with an even narrower geographic jurisdiction, allowing brave individuals to blow the whistle on government contractors and others who have defrauded counties, cities, school districts and other local entities.
States with whistleblower laws that cover a wide range of false claims perpetrated against the government include:
- Alaska
- California
- Delaware
- Florida
- Georgia
- Hawaii
- Illinois
- Indiana
- Iowa
- Maryland
- Massachusetts
- Minnesota
- Montana
- Nevada
- New Jersey
- New Mexico
- New York
- North Carolina
- Rhode Island
- Tennessee
- Vermont
- Virginia
The District of Columbia also maintains a whistleblower law that is akin to federal whistleblower laws available. Though Arkansas and Missouri have False Claims Acts that offer potential financial rewards for whistleblowers in the event of a successful judicial action, they have no qui tam provision, meaning whistleblowers cannot file lawsuits on behalf of both themselves and the government entity they believe has been defrauded.
The following states restrict qui tam claims to Medicaid or state health care plans:
- Colorado
- Connecticut
- Louisiana
- Michigan
- New Hampshire
- Oklahoma
- Texas
- Washington
These smaller jurisdictions have also adopted their own False Claims Act statutes:
HAGENS BERMAN REPRESENTS WHISTLEBLOWERS UNDER THE FALSE CLAIMS ACT
Hagens Berman’s expert team of whistleblower attorneys has successfully represented several whistleblowers under the federal False Claims Act and similar state and local laws. Unlike smaller whistleblower practices, which lack the resources to litigate whistleblower claims against some of the world’s biggest corporations, Hagens Berman has a record of success that includes some of the largest settlements in legal history.
Read more about Hagen’s Berman’s success in bringing False Claims Whistleblower cases »
HOW TO BECOME A FALSE CLAIMS ACT WHISTLEBLOWER
If you know about a False Claims Act violation or would like to discuss becoming a whistleblower and find out more about your legal rights and protections, contact Hagens Berman’s whistleblower team at [email protected] or fill out the secure form on this page.
