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State False Claims Acts: It’s Not Just the Federal Government Anymore

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While the federal False Claims Act gets the big headlines and the correspondingly big recoveries, it is important not to forget that a number of states have their own false claims acts under which relators can bring claims that also have the potential for significant monetary recoveries. States with these acts tend to fall into two categories: states with generally applicable false claims acts (like the federal law) and states that limit their acts to health care fraud.

There is also significant legislative activity taking place at the state level regarding false claims acts. For example, Georgia, which had a Medicaid-only false claims act, just expanded their act to encompass all false claims. Washington, which had no false claims act, just passed a Medicaid-only false claims act that became effective in June 2012.

Below is a list of states and their corresponding false claims act statutes. States with an asterisk have false claims acts without qui tam provisions (meaning that only the government can enforce those statutes). This list is intended to be a general guide only, and it is important to carefully check each statute to determine whether it is applicable to your claim.

States with generally applicable false claims acts:

STATE

STATUTE

California Cal. Gov’t Code §§ 12650 – 56.
Delaware Del. Code Ann. tit. 6, §§ 1201– 11.
District of Columbia D.C. Code §§ 2-381.01 – 2-381.07 .
Florida Fla. Stat. §§ 68.081 – 68.092 .
Hawaii Haw. Rev. Stat. §§ 661-21 – 661-29.
Illinois 740 Ill. Comp. Stat. §§ 175/1 – 175/8 .
Indiana Ind. Code §§ 5-11-5.5-1 – 55-11-5.5-18 .
Iowa Iowa Code Ann. §§ 685.1 – 685.7.
Massachusetts Mass. Gen. Laws ch. 12, §§ 5(A) – 5(O).
Minnesota Minn. Stat. §§ 15C.01 – 15C.16 .
Montana Mont. Code Ann. §§ 17-8-401 – 17-8-413.
Nevada Nev. Rev. Stat. §§ 357.010 – 357.250.
New Jersey N.J. Stat. Ann. §§ 2A:32C-1 – 32C-18.
New Mexico N.M. Stat. Ann. §§ 44-9-1 – 44-9-14.
New York N.Y. State Fin. Law §§ 187 – 194.
North Carolina N.C. Gen. Stat. §§ 1-605 – 1-618.
Oklahoma Okla. Stat. tit. 63, §§ 5053.1 – 5053.7.
Rhode Island R.I. Gen. Laws §§ 9-1.1-1 – 9-1.1-8.
Tennessee Tenn. Code Ann. §§ 4-18-101 – 4-18-108.
Virginia Va. Code Ann. §§ 8.01-216.1 – 216.19.
Kansas* Kan. Stat. Ann. §§ 75-7501 – 75-7511.
Oregon* Or. Rev. Stat. Ann. §§ 180.750 – 180.785.
Nebraska* Neb. Rev. Stat. §§ 68-934 – 68-949.
Georgia Ga. Code Ann. §§ 23-3-120 – 23-3-127.

It is important to keep in mind that the term “generally applicable” does not necessarily mean that the act applies to all types of false claims. For example, Montana’s false claims act exempts claims for compensation insurance, claims pertaining to tax laws, or claims made to the department of natural resources and conservation. See Mont. Code Ann. § 17-8-403(4).

States with false claims acts limited to health care fraud:

STATE

STATUTE

Arkansas* Ark. Code Ann. §§ 20-77-901 – 20-77-911.
Colorado Colo. Rev. Stat. §§ 25.5-4-304 – 25.5-4-306.
Connecticut Conn. Gen. Stat. §§ 17b-301 – 17b-301p.
Louisiana La. Rev. Stat. Ann. §§ 46:437.1 – 46:440.3.
Maryland Md. Code Ann., Health §§ 2-601 – 2-611.
Michigan Mich. Comp. Laws §§ 400.601 – 400.615.
Missouri* Mo. Rev. Stat. §§ 191.900 – 191.914.
New Hampshire N.H. Rev. Stat. Ann. §§ 167:58 – 167:61-e.
Texas Tex. Hum. Res. Code Ann. §§ 36.001 – 36.132.
Utah* Utah Code Ann. §§ 26-20-1 – 26-20-15.
Wisconsin Wis. Stat. § 20.931.
Washington* Wash. Rev. Code Ann. §§ 48.80.010 – 48.80.900.

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