A whistleblower in Tennessee can rely of two different false claims laws to report fraud. The Tennessee False Claims Act and the Tennessee Medicaid False Claims Act prohibit false claims for payment to the government.
The Tennessee False Claims Act is broader than most state false claims acts, in that include liability for false claims made against the State, but also “all political subdivisions” of the state of Tennessee. Political subdivisions include cities, towns, municipalities, counties, and other local jurisdictions.
The Act also imposes liability on a person or company for mistakenly submitting false claims and failing to report and refund the state of Tennessee when they realize their mistake.
Whistleblowers who file cases under the Tennessee FCA may receive and monetary award from 25% to 33% of any recovery, if the government intervenes in the case. If the government chooses not to intervene, the whistleblower’s share is from 35% to 50%.
The Act impose significant fines against the wrongdoer, and imposes treble damages for the actual loss.
To view a copy of the Tennessee False Claims Act click here.
Tennessee Medicaid False Claims Act (TMFCA)
The Tennessee Medicaid False Claims Act is similar the federal False Claims Act. While the federal FCA targets fraud against the federal Medicare Program, the Tennessee Medicaid False Claims Act is designed to target those who are committing fraud against Tennessee’s Medicaid Program.
The whistleblower is entitled for receive a monetary reward of up to 25% of any recovery when the government intervenes, and up to 30% when the government chooses not to intervene. The TMFCA imposes fines and treble damages for the actual harm.
Both the Tennessee False Claims Act and the Tennessee Medicaid False Claims Act allow the whistleblower to file a lawsuit under seal, until the government decides whether to intervene. Both Acts also prohibit retaliation against whistleblowers by their employers.
The statute of limitations requires a whistleblower to file a complaint within ten (10) years of the date on which the violation occurred.
If you are aware of fraud that is being committed against the government in the state of Tennessee and would like to speak with an attorney for a free consultation, contact us here or by calling (919) 348-4361.