In Hawaii, major healthcare fraud is civilly and criminally prosecuted by the United States Attorney’s Office for the District of Hawaii.
The federal government often accomplishes this task with the assistance of the HawaiiMedicaid 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 Hawaii False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Hawaii to recover treble damages and civil penalties. Haw. Rev. Stat. § 661-21 et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Hawaii 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 Hawaii False Claims Act, § 661-21(a), provides liability for any person who:
(1) knowingly presents, or causes to be presented, to an officer or employee of the state a false or fraudulent claim for payment or approval;
(2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the state;
(3) conspires to defraud the state by getting a false or fraudulent claim allowed or paid; or
(8) is a beneficiary of an inadvertent submission of a false claim to the State, who subsequently discovers the falsity of the claim, and fails to disclose the false claim to the State within a reasonable time after discovery of the false claim.