In Colorado, major healthcare fraud is civilly and criminally prosecuted by the District of Colorado United States Attorney’s Office.
The federal government often accomplishes this task with the assistance of the Colorado Medicaid Fraud Control Unit (MFCU). The MFCU takes the responsibility of stopping fraud very seriously and is often assisted in its efforts by the bravery and actions of whistleblowers.
Modeled after the federal False Claims Act, the Colorado False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Colorado to recover treble damages and civil penalties. Colo. Rev. Stat. §§ 25.5-4-304 et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Colorado qui tam statute as part of an action under the federal False Claims Act. We do so under the Court’s pendent jurisdiction.
The liability provisions of the Colorado False Claims Act, Colo. Rev. Stat § 25.5-4-305, provide that it is unlawful to:
(a) Intentionally or with reckless disregard make or cause to be made any false representation of a material fact in connection with a claim;
(b) Intentionally or with reckless disregard present or cause to be presented to the state department a false claim for payment or approval;
(c) Intentionally or with reckless disregard present or cause to be presented any cost document required by the medical assistance program that the person knows contains a false material statement…