Pennsylvania

Pennsylvania has no general false claims act. Fraud on Pennsylvania Medicaid is pursued under the federal False Claims Act, because Medicaid is paid with federal money, and the Pennsylvania Attorney General’s Medicaid Fraud Control Section investigates alongside the federal government. Pennsylvania does protect public employees who report wrongdoing under its Whistleblower Law, and a Pennsylvania resident who reports fraud on federal money has the full protection of the federal act.

New Jersey

The New Jersey False Claims Act mirrors the federal act: a private person may sue in the state’s name over false claims for state or local money, the case is filed under seal with the Attorney General, damages are trebled, and the relator receives 15 to 25 percent if the state joins and 25 to 30 percent if it does not. It covers the state share of Medicaid, state contracts and state grants. New Jersey separately rewards reports of insurance fraud through its Insurance Fraud Prevention Act and protects employees under the Conscientious Employee Protection Act, one of the strongest retaliation laws in the country.

New York

The New York False Claims Act is broader than the federal act in one important way: it covers tax fraud. A person who knows that a company or an individual with net income or sales of more than $1 million has knowingly underpaid New York taxes by more than $350,000 may bring a qui tam case and share in the recovery. It also covers the state share of Medicaid, state and local contracts, and New York City money. Treble damages, penalties and a relator’s share of 15 to 30 percent apply. New York’s Labor Law protects private employees who report violations of law from retaliation.

Maryland

Maryland has two statutes. The Maryland False Health Claims Act covers fraud on state health programs, including the state share of Medicaid. The Maryland False Claims Act, in force since 2015, covers false claims for other state and local government money, including contracts and grants. Both allow a private person to file in the state’s name, provide treble damages and penalties, and give the relator a share of the recovery. Both protect employees, contractors and grantees from retaliation.

District of Columbia

The District of Columbia False Claims Act covers false claims for District money, including Medicaid, contracts and grants, with treble damages, penalties and a relator’s share. Since 2021 it also reaches tax fraud by taxpayers with District income or sales of more than $1 million and underpayments of more than $350,000, the same structure as New York. The District also has one of the broadest whistleblower protection laws for its own employees and contractors.

Federal and State Cases Together

Most fraud on Medicaid, and much fraud on contracts and grants, involves both federal and state money. The usual course is one complaint filed under seal in federal court asserting the federal claim and the claims under every state act whose money was taken. The state attorneys general investigate with the Department of Justice and share in any settlement, and the relator’s share applies to the state recoveries as well as the federal one. We decide with you which states’ money was involved and plead every claim that applies.

Before You Report

• Do not confront the people involved or announce what you intend to do.
• Do not use a work computer, work phone or work email to contact a lawyer.
• Do not take documents you do not already have a right to see. Ask us first what you may keep.
• Write down what you know: who, what, when and how you know it.
• Do not wait. The first person to report is in the strongest position, and a later report with the same information may receive nothing.

Frequently Asked Questions

I live in Pennsylvania and the fraud involved Pennsylvania Medicaid. Do I have a case?

Yes, under the federal False Claims Act, because Medicaid is paid with federal money. The absence of a Pennsylvania act affects only the state’s own share, which is pursued by the Attorney General rather than by a relator.

Can I report tax fraud?

Under the New York and District of Columbia acts, yes, through a qui tam case. Elsewhere, tax fraud is reported to the IRS Whistleblower Program, which pays 15 to 30 percent of what the IRS collects where the amount in dispute exceeds $2 million. Attorney Siddons holds an LL.M. in Taxation.

Do the state acts protect me from retaliation?

Yes. Each of the New Jersey, New York, Maryland and District acts bars retaliation for filing or assisting a case, with reinstatement, double back pay and attorney fees. New Jersey’s CEPA and New York’s Labor Law add protection for reports that do not become a false claims case.

How long do I have?

Generally six years from the violation under each act, with longer periods in some circumstances. The first to file controls the case under every act, so delay has a cost.

What does it cost?

The first conversation is free and confidential. If we take your matter, the fee terms are put in writing before any work begins.

Talk to Us Before You Report

Email msiddons@siddonslaw.com from a personal account with a general description of what you know. Do not send documents. We will reply and tell you what to do next. Attorney Michael A. Siddons represents whistleblowers in Pennsylvania, New Jersey, New York, Maryland and Washington, D.C.