Q: False claims acts - Medicare.
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
A:
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware and should not have reasonably been aware of the facts material to the right of action.
California has its own False Claims Act, which mirrors the Federal law in many respects, including the statute of limitations. This means that for Medicare fraud claims in California, the same federal time frames generally apply.
When filing a claim under the FCA, it is indeed required to file the case under seal in federal court. This means the lawsuit is kept confidential for a period of time while the government investigates the allegations and decides whether to intervene in the case.
Given the complexity of FCA cases, particularly those involving Medicare, it's important to proceed with a clear understanding of both federal and state laws. Legal counsel can provide crucial guidance in navigating these laws and ensuring that your case is filed correctly and within the appropriate time frames.
Remember, the process of handling a case under the False Claims Act can be intricate and requires a careful approach to ensure compliance with legal procedures and deadlines.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
