In Louisiana, major healthcare fraud is civilly and criminally prosecuted by the Western, Middle and Eastern District 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 Louisiana 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 Louisiana Medical Assistance Programs Integrity Law permits private citizens to bring qui tam actions on behalf of the State of Louisiana to recover treble damages and civil penalties. La. Rev. Stat. 46: 437.1 et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Louisiana 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 the Louisiana Medical Assistance Programs Integrity Law, 247. La. Rev. Stat. 46: 438.3, provide that:
(A) No person shall knowingly present or cause to be presented a false or fraudulent claim;
(B) No person shall knowingly engage in misrepresentation to obtain, or attempt to obtain, payment from medical assistance program funds;
(C) No person shall conspire to defraud, or attempt to defraud, the medical assistance programs through misrepresentation or by obtaining, or attempting to obtain, payment for a false or fraudulent claim;