States Follow Feds' Lead In False Claims Enforcement

Law360, New York (July 31, 2013, 9:12 PM EDT) -- State attorneys general and private whistleblowers are taking a page from the federal government's playbook in False Claims Act enforcement, importing the government's aggressive arguments on damages and liability into state-level actions in an effort to boost their recoveries in fraud litigation.

Thirty-six states and the District of Columbia, have enacted false claims laws, and 29 of those laws allow whistleblower suits. Those laws have traditionally focused on Medicaid fraud, but guidance issued in March by the U.S. Department of Health and Human Services, which incentivizes states to match recent amendments expanding the federal FCA, has states scrambling to update their...

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