Q: Hospice fraud litigation options
If hospice fraud is a cause of action in medical malpractice case what law defines this cause of action?
Can consequent CFCA case be filed after medical malpractice case, within statute of limitations?
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A:
In California, hospice fraud can be a cause of action in a medical malpractice case, and it may also lead to a separate case under the California False Claims Act (CFCA). Here's some information on the relevant laws and statutes of limitations:
1. Medical Malpractice: In California, medical malpractice is defined by the Medical Injury Compensation Reform Act (MICRA) of 1975. This law governs cases involving professional negligence by healthcare providers, which may include hospice fraud. The statute of limitations for medical malpractice cases in California is generally three years from the date of injury or one year from the date the injury was discovered or should have been discovered, whichever comes first (California Code of Civil Procedure § 340.5).
2. California False Claims Act (CFCA): The CFCA (California Government Code § 12650-12656) is a state law that allows private individuals to file qui tam lawsuits on behalf of the state government against entities that knowingly submit false claims for payment to the state, including Medi-Cal (California's Medicaid program). Hospice fraud may fall under the CFCA if false claims were submitted to Medi-Cal. The statute of limitations for CFCA cases is generally six years from the date of the violation or three years after the date when the state knew or should have known about the violation, but not more than ten years after the violation (California Government Code § 12654(a)).
Regarding filing a CFCA case after a medical malpractice case, it is possible to do so as long as the CFCA case is filed within the applicable statute of limitations. However, the specific circumstances of the case, such as the timing of the discovery of the fraud and the relationship between the malpractice and the false claims, may affect the viability of the CFCA case.
It is essential to consult with an experienced attorney who can evaluate the specific facts of the case and provide guidance on the most appropriate legal actions to take, considering the applicable statutes of limitations and the interaction between the medical malpractice and false claims aspects of the case.
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