Tuesday, April 5, 2011

HHS-OIG determines most states' FCAs are inadequate

FCA Alert has a posting about how HHS-OIG has determined that most states' FCA fail to meet federal mandates (note, the Health Care Act shifted the goalposts).  FCA Alert explains why it is important to a state that its FCA meet federal mandates:
Federal law provides a financial incentive to a state with legislation that is in compliance by increasing that state’s share of monetary recovery from any lawsuit brought under the state's false claims act by 10 percent.  To qualify for this incentive, the OIG in consultation with the Attorney General must determine that the state false claims act satisfies four requirements:  (1) the state law establishes liability to the state for false or fraudulent claims described in the federal FCA with respect to any expenditures related to the state’s Medicaid plan; (2) the state law contains provisions that are at least as effective in rewarding and facilitating qui tam actions for false or fraudulent claims as those described in the federal FCA; (3) the state law contains a requirement for filing an action under seal for 60 days with review by the state attorney general; and (4) the state law contains a civil penalty that is not less than the amount of the civil penalty authorized under the federal FCA.

No comments:

Post a Comment