Q: false claims - fraud statutes. liability question. federal and state. question.

A: Under federal law, specifically the False Claims Act (31 U.S.C. §§ 3729 - 3733), a hospital can be held liable for fraudulent claims submitted to government healthcare programs, even if those claims are made by independent contractors working for the hospital. The key factor is whether the hospital had knowledge of, or should have known about, the fraudulent activities. If the hospital directly benefits from or contributes to the false claims, it may face liability.

In California, the False Claims Act (Gov. Code §§ 12650-12656) operates similarly, holding entities liable for submitting or causing to be submitted false claims to state or local government programs. Again, if the hospital is involved in or benefits from the fraud committed by its contractors, it could be held liable.

Regarding where to file a false claims complaint, it depends on the nature of the fraud. If the fraud involves federal funds (like Medicare), the complaint is typically filed in federal court. If it's related to state funds, then it would be filed in a California superior court.

If an unidentified person at a hospital commits fraud and the hospital's records do not reflect this, establishing the hospital's liability can be challenging. The liability often hinges on the hospital's oversight mechanisms and its role in the fraudulent activity, whether through negligence or direct involvement.

Given the complexities of these laws and the specifics of each case, it’s advisable to consult with a legal professional experienced in healthcare fraud. They can provide more detailed guidance and help navigate the intricacies of federal and state false claims statutes. Remember, thorough investigation and legal expertise are key in addressing such matters.