State False Claims Act Reviews
The OIG, in consultation with the Attorney General, determines whether States have false claims acts that qualify for an incentive under section 1909 of the Social Security Act. Those States deemed to have qualifying laws receive a 10-percentage-point increase in their share of any amounts recovered under such laws.
To qualify for the financial incentive, a State’s false claims act must:
- establish liability to the State for false or fraudulent claims, as described in the Federal False Claims Act (FCA), with respect to Medicaid spending,
- contain provisions that are at least as effective in rewarding and facilitating qui tam actions for false or fraudulent claims as those described in the FCA,
- contain a requirement for filing an action under seal for 60 days with review by the State Attorney General, and
- contain a civil penalty that is not less than the amount of the civil penalty authorized under the FCA.
To request a review of a false claims act, States should submit a complete copy of the law and any other relevant information to:
Office of Inspector General
Office of Counsel to the Inspector General
U.S. Department of Health & Human Services
Cohen Building , Mail Stop 5527
330 Independence Avenue, SW
Washington, DC 20201
Submissions by fax, email, or other electronic media are will not be accepted.
References/Statutory Authorities
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