State False Claims Acts

A majority of states (along with the District of Columbia and Puerto Rico) have passed their own False Claims Act laws to combat fraud against states and municipalities. Most of these False Claims Act statutes are structured similarly to the federal False Claims Act and include qui tam provisions that allow whistleblowers to sue in the name of the state and receive a share of any recovery. Two states — Missouri and Arkansas — have False Claims Acts  that do not have qui tam provisions; rather than filing a private action, a whistleblower in those states who provides information leading to a recovery for Medicaid fraud can receive a reward of up to 10%.

Even among states that have False Claims Acts however, there is considerable variation. Some have statutes that are even broader than the federal False Claims Act; New York’s statute, for example, covers tax fraud as do those of Rhode Island and Washington DC. A number of states have limited their False Claims Acts to Medicaid fraud, while others have separate statutes for Medicaid fraud and for other types of fraud. Two states — California and Illinois — have passed anti-fraud laws that provide incentives for whistleblowers to report fraud against private insurers. A few states have limitations on who can be a whistleblower under their statutes.

The text of state laws often changes.  The information on this website is for informational purposes only and any individual considering pursuing a False Claims Act complaint should consult with an attorney to determine the status of the laws and procedures that apply to their situation.   The Anti-Fraud Coalition , a nonprofit dedicated to fighting fraud against the government, is a helpful source of information on the status of FCA laws and their enforcement, including state FCAs.

Whistleblower Law Collaborative has successfully represented clients who have filed cases in each state with its own False Claims Act, as well as in the District of Columbia and Puerto Rico.  We routinely work with state Attorney General Offices and Medicaid Fraud Control Units across the country to pursue companies and individuals who defraud taxpayers.

In addition to states, a few municipalities have passed False Claims Acts, including New York City, Chicago, Philadelphia, Allegheny County in Pennsylvania, and Broward and Miami-Dade counties in Florida. As in the case of state FCAs, there is variation in the particulars of these laws and laws can change, so it is important to seek the advice of an attorney.

The map below shows, in red, the states that have enacted an FCA law that provides for a whistleblower award of some sort — either through a qui tam provision or an award for information leading to a recovery.