In 2010, the State of Colorado adopted the Colorado Medicaid False Claims Act (“Colorado Medicaid FCA”), its own version of the federal False Claims Act (“FCA”). The Colorado Medicaid FCA allows private individuals who know about Medicaid fraud to bring a qui tam case against a person or entity for submitting or causing the submission of false claims to the State. As its title indicates, the Colorado Medicaid FCA only applies to fraud against Colorado’s Medicaid Program, Health First Colorado.
Like the federal FCA, the Colorado Medicaid FCA offers financial rewards to whistleblowers for bringing an action on behalf of the State. If the State decides to intervene in a case, the whistleblower may receive 15-25% of the recovery. If the State does not intervene and the whistleblower pursues the case on their own, they may receive 25-30% of the recovery.
Colorado Medicaid FCA and Federal FCA Similarities
Key provisions of the Colorado Medicaid FCA mirror the federal FCA, such as:
- Liability attaches under the Colorado Medicaid FCA for, among other violations: submitting a false claim for payment to the State, or making or using a false record or statement material to a false claim.
- A private citizen who knows about Medicaid fraud against the State of Colorado can bring a claim on behalf of the State. If the Colorado Attorney General decides not to pursue the case, the citizen has the right to proceed with the litigation in Court.
- Once an action is brought under the Colorado Medicaid FCA, it remains under seal for at least 60 days (the State can petition the Court to have the action remain under seal for longer than 60 days).
- Employers are prohibited from retaliating against whistleblower employees. Retaliation includes firing, demoting, suspending, threatening, or harassing the employee. If the employer does retaliate, the employee is entitled to the reinstatement of their position, two times the amount of back pay, interest on the back pay, and compensation for any damages sustained because of the discrimination, including litigation costs and reasonable attorney fees.
For more information on the Colorado Medicaid False Claims Act or to speak with an attorney, please contact Joy Clairmont at email@example.com or 215-875-5803. To read more about what whistleblower clients can expect from our lawyers, click here.
One last thing…
For more than a decade, the Berger Montague Whistleblower, Qui Tam & False Claims Act Practice Group has represented whistleblowers in matters involving healthcare fraud, defense contracting fraud, IRS fraud, securities fraud, and commodities fraud. While the information on this blog is not legal advice, we would be more than happy to speak with you directly about your potential case. Any information you share with us will be treated with the highest level of confidentiality, and we will protect you every step of the way.