In Nevada, major healthcare fraud is civilly and criminally prosecuted by the District of Nevada 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 Nevada 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 Nevada False Claims Act permits private citizens to bring qui tam actions on behalf of the State of Nevada to recover treble damages and civil penalties. Nev. Rev. Stat. § 357.010, et seq.
Nolan Auerbach & White represents whistleblowers in federal court only. We will bring cases on behalf of whistleblowers under the Nevada 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 Nevada False Claims Act, 291. Nev. Rev. Stat. § 357.040(1), provides that it is unlawful for any person who:
(a) knowingly presents or causes to be presented a false claim for payment or approval;
(b) knowingly makes or uses, or causes to be made or used, a false record or statement to obtain payment or approval of a false claim
(c) conspires to defraud by obtaining allowance or payment of a false claim;
(h) is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the state or political subdivision within a reasonable time.