Utah has enacted a False Claims Act (“Utah FCA”), Utah Code Annotated sections 26–20–9.5 et seq.). The Utah FCA prohibits parties from “enter[ing] into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious, or fraudulent claim for a medical benefit.” Utah Code Ann. § 26–20–6.
Utah False Claims Act and Qui Tam Relators
Only the state may bring civil lawsuits under the Utah FCA to recover funds lost due to false statements or false representations concerning applications for medical benefits or in the determination of a right to a medical benefit. It does not provide for whistleblower rewards – there is no qui tam provision that allows for actions by individuals or authorization for the payment of an award for information submitted by individuals.
Kickbacks Under the Utah False Claims Act
Utah FCA section 26-20-4 prohibits kickbacks or bribes to induce purchasing, leasing, or ordering of any goods or services for which payment is or may be made in whole or in part pursuant to a medical benefit program. Kickbacks or bribes are defined as rebates, compensation, or any other form of remuneration which is (i) direct of indirect, (2) overt or covert, or (iii) in cash or in kind.
Utah False Claims Act and Securities Whistleblowers
Separately, in 2011, Utah followed the model of the federal Dodd-Frank Act and authorized rewards for securities whistleblowers. In 2014, the Utah Securities Commission approved its first whistleblower reward of $15,000 to a financial advisor that reported a suspicious investment promising low risk and high returns for his client.
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Your submission will be reviewed by a Berger Montague qui tam attorney and remain confidential.