False claims acts - Medicare.

Question

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?

James L. Arrasmith · Answer

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.

Q: False claims acts - Medicare.