In Iowa, major healthcare fraud is civilly and criminally prosecuted by the Northern and Southern United States Attorney’s Offices and the State’s own Medicaid Fraud Control Unit.
The federal government often accomplishes this task with the assistance of the IowaMedicaid 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 Iowa False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Iowa to recover treble damages and civil penalties. Iowa Code §§ 685.1 et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Iowa 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 Iowa False Claims Act, Iowa Code §§ 685.1 et seq., provide that it is unlawful for any person who engages in any or all of the following conduct:
(a) Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(b) Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(c) Conspires to commit a violation of paragraph “a”, “b”, “d”…or “g”…;
(g) Knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the state, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state.