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

Q: Does California false claims act cover medicare violations?

Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations?

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

A: The California False Claims Act (CFCA) is primarily designed to address fraud involving state funds, including California's Medi-Cal program. Medi-Cal is the state's Medicaid program, which is jointly funded by the state and the federal government. The CFCA is applicable to cases involving fraudulent claims made to this program.

However, Medicare, which is a purely federal program, is generally not covered under the CFCA. Violations involving Medicare are typically addressed under the federal False Claims Act. The federal act is designed to handle fraud involving federal funds, which includes Medicare.

If you are dealing with a situation involving potential Medicare fraud, the appropriate legal avenue would be the federal False Claims Act. On the other hand, if the fraud concerns Medi-Cal or other state-funded programs, then the California False Claims Act would be more applicable.

In cases involving healthcare fraud, it's important to identify the source of the funding involved to determine the correct legal framework to use. Seeking legal advice can help clarify which act applies to a specific case and guide you through the necessary legal processes. Remember, understanding the distinction between state and federal jurisdiction is key in these matters.

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