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?

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James L. Arrasmith
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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.

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