In Montana, major healthcare fraud is civilly and criminally prosecuted by the District of Montana United States Attorney’s Office and the State’s own Medicaid Fraud Control Unit.
The federal government often accomplishes this task with the assistance of the Montana 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 Montana False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Montana to recover treble damages and civil penalties. 2005 Mont. Cod. CH. 465, HB 146, et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Montana 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 Montana False Claims Act, Mont. Code Ann., 17-8-403, provide that the following conduct is unlawful:
(1) knowingly presenting, or causing to be presented to an officer or employee of the governmental entity a false claim for payment or approval;
(2) knowingly making, using, or causing to be made or used a false record or statement to get a false claim paid or approved by the governmental entity;
(3) Conspiring to defraud the governmental entity by getting a false claims allowed or paid by the governmental entity; or
(4) as a beneficiary of an inadvertent submission of a false claim to the governmental entity, subsequently discovering the falsity of the claim and failing to disclose the false claim to the governmental entity within a reasonable time after discovery of the false claim.