Q: CA State court has jurisdiction over FCA medicare violation. This means FCA claim can be brought in state court?
CA State court has jurisdiction over FCA medicare violation. This means medicare FCA claim can be brought in state court?
A:
In general, cases involving the federal False Claims Act (FCA), especially those related to Medicare violations, are under the jurisdiction of federal courts. The FCA is a federal statute, and its enforcement typically falls within the purview of the federal legal system. This includes cases where Medicare, a federal program, is the party impacted by the alleged fraudulent activities.
However, states like California have their own versions of the False Claims Act, which apply to fraud involving state funds. If a case involves state-funded programs or contracts, it could be brought in a California state court under the California False Claims Act.
But for Medicare-related fraud, which involves federal funds, the appropriate venue is usually a federal court. Filing a Medicare FCA claim in a California state court may not be procedurally correct, as the state court typically does not have jurisdiction over federal Medicare issues.
It’s essential to carefully consider the source of the funds involved in the alleged fraudulent activity to determine the appropriate court for filing a claim. In cases involving both state and federal funds, there may be complexities in determining the jurisdiction.
If you're considering pursuing a False Claims Act case, especially one involving Medicare, consulting with a legal professional experienced in this area of law can provide clarity and guidance. Remember, navigating these legal waters requires a thorough understanding of both federal and state laws.
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.