Los Angeles, CA asked in Personal Injury and Health Care Law for California

Q: Reliable sources. California False Claims in Healthcare Act.

Please provide reference to reliable sources for filing False Claims Act in Healthcare case, in California Superior Court.

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James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: To initiate a False Claims Act case in the healthcare sector within the California Superior Court, it's crucial to understand that these cases typically involve the whistleblower (qui tam plaintiff) alleging that false claims have been made to obtain money from state healthcare programs. Such cases are filed under seal to permit an investigation before the defendant is notified.

Firstly, you would begin by consulting with a legal professional experienced in this area, as they can provide specific guidance and represent your interests. The California False Claims Act is complex, and an attorney can help navigate its intricacies. They will assist in preparing your case, ensuring that all necessary documentation and evidence are properly compiled and filed.

Upon filing, the case remains under seal for a period, allowing the state to investigate the allegations. The California Attorney General's Office plays a significant role during this time, deciding whether to intervene in the case. Regardless of whether the state takes over, if your case is successful, you could be entitled to a portion of the recovered damages, which may include treble damages and additional penalties.

It's also worth noting that the California False Claims Act provides protections against employer retaliation for employees who report fraud. If you experience retaliation, such as termination or demotion, you may have grounds for additional legal action.

The process and potential outcomes are detailed on resources like the State of California Department of Justice website and other legal guides, which outline the steps and expectations for filing a qui tam lawsuit under the California False Claims Act.

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