Host Jonathan Porter welcomes Husch Blackwell partners Rebecca Furdek and Todd Gee back to the podcast to discuss the growing amount of enforcement under various state-level False Claims Acts, and the recent Risk Management Magazine article that Rebecca and Todd have written on the subject. Our conversation starts with an overview of state False Claims Acts and how the use of FCA varies from state to state. We examine recent settlements in Massachusetts and Minnesota that show the reach of state False Claims Acts and discuss a large See more +
Host Jonathan Porter welcomes Husch Blackwell partners Rebecca Furdek and Todd Gee back to the podcast to discuss the growing amount of enforcement under various state-level False Claims Acts, and the recent Risk Management Magazine article that Rebecca and Todd have written on the subject. Our conversation starts with an overview of state False Claims Acts and how the use of FCA varies from state to state. We examine recent settlements in Massachusetts and Minnesota that show the reach of state False Claims Acts and discuss a large District of Columbia False Claims Act settlement for tax liability that could be the next big enforcement area for state-level False Claims Acts.
Our conversation then turns to how states have traditionally focused FCA enforcement on Medicaid claims but are broadening their FCA laws to reach new types of government claims. We discuss how California, for example, is considering a new law that would allow false claims relating to tax to be enforceable under the California False Claims Act. We also talk about how State Attorneys General are likely to play a huge role in using their state FCAs to enforce things that may not gain traction with federal authorities.
We conclude with a discussion of what might happen next, and how those doing business with multiple states should track what is enforceable under each state’s FCA. We look at how a robust compliance program should be every company’s first line of defense against FCA liability by finding and fixing issues before they result in FCA problems. See less -
