New Jersey False Claims Act Is Not Retroactive

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Qui tam claims by whistleblowers or relators are most commonly brought under the federal False Claims Act for 15-30% of whatever funds the Government recoups from Medicare fraud as an example. Yet, some states have legislated their own False Claims Act (FCA) such as New Jersey.Therefore, if New Jersey issues healthcare payments solely with state funds, then qui tam claims are only actionable under the New Jersey False Claims Act. Unlike New York and California, New jersey's FCA is never retroactive. Therefore, the arm's reach of NJ's FCA is not very deep in terms of penalizing healthcare or nursing home fraud that occurred prior to the enactment of New Jersey's FCA.

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