Ohio to have its Own False Claims Act? – If State AG Mike DeWine had his way they would!
Ohio Attorney General Mike DeWine is pushing for the state to have its own False Claims Act, which would let whistleblowers file claims against state contractors, allowing Ohio to collect fraudulent funds and penalties, according to an article from Dinsmore & Shohl, LLP.
While no bills proposing an Ohio FCA have been reported, the idea is likely to become popular following a recent settlement with CareSource, a Dayton, Ohio-based managed healthcare organization. CareSource agreed to pay $26 million to settle allegations of fraud against the federal government. Under that settlement, the whistleblowers are to receive $3.1 million, Ohio will receive $10 million and the federal government will receive the rest.
The state, however, wants more money from these types of lawsuits. Attorney General DeWine said, “If we had that in place, our percentage of the [CareSource] settlement would have gone up 10 percent,” according to the article.
Twenty-seven states, Washington, D.C., New York City and Chicago already have their own versions of the FCA with whistleblower provisions.Several other states have laws similar to the False Claims Act but they do not have mandatory whistleblower provisions.
In addition to increasing Ohio’s percentage of recovery in national cases, Ohio’s own False Claims Act would provide additional fraud protection to the State’s Medicaid system.
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