Q: Specific requirements for filing HealthCare Medicare False Claims Act case in California Superior Court.
Case: hospice fraud, abuse of California Medicare.
What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?
What rules of the Court define this process?
FCA cases are filed in chambers. What artifacts are required in addition to Complaint?
A:
Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:
1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where the false claim occurred, or where the state capitol is located (Sacramento County).
2. Sealed Complaint: The complaint must be filed in camera (in chambers) and remain under seal for at least 60 days. This means that the complaint is not initially served on the defendant or made public.
3. Artifacts to be filed with the Complaint:
a. Disclosure Statement: A written disclosure of substantially all material evidence and information the plaintiff possesses must be served on the Attorney General.
b. Proof of Service: A proof of service showing that the Attorney General has been served with the complaint and the disclosure statement.
4. Extensions of Seal Period: The Attorney General may request extensions of the 60-day seal period by filing a motion with the court, which can be granted for good cause shown.
5. Government Intervention: The Attorney General, on behalf of the state, may elect to intervene and proceed with the action within the 60-day period (or any extensions). If the government intervenes, it assumes primary responsibility for prosecuting the action.
6. Relevant Rules and Statutes:
a. California False Claims Act (CFCA): Government Code sections 12650-12656
b. California Code of Civil Procedure: Sections 425.16 (Anti-SLAPP) and 2015.5 (Declaration under penalty of perjury)
c. California Rules of Court: Rules 2.100-2.119 (Filing and Service)
It's important to note that FCA cases are complex and require adherence to strict procedural requirements. Consulting with an attorney experienced in handling FCA cases is highly recommended to ensure compliance with all applicable laws and court rules.
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