Rule 5: Don’t Forget State Laws

Rule 5: Don’t Forget State Laws

Whistleblower State Laws

Resources for Rules in Your State

Updates

State Laws

Protections for whistleblowers under state law vary widely from state to state. Although many states have recognized common law protections for whistleblowers, under what’s known as the “public policy exception” to the “at-will” doctrine, not all states do and in some states this common law protection may be abridged. Many states have also instituted their own version of the Federal False Claims Act, allowing whistleblowers to file qui tam cases on behalf of the State government and receive awards when they can demonstrate fraud.

The Office of Inspector General of Health and Human Services also evaluated the False Claims Acts of individual States to determine whether the State law meets the requirements of section 1909(b) of the Social Security Act, See 71 FR 48552, Aug. 21, 2006. The HHS OIG’s guidelines can be read here. The review of these laws, however, pertains only to Medicaid fraud, and the approval of the HHS OIG does not necessarily mean that the law is sufficient for reporting other types of fraud.

* – Public Policy Protection is present.
° – State FCA is present.
♦ – State FCA only covers Medicaid Fraud Claims.
◊ – State FCA has satisfied the HHS OIG’s requirements.

Alabama Louisiana° ♦ Oklahoma° ♦
Alaska* Maine Oregon*
Arizona* Maryland* ° ♦ Pennsylvania*
Arkansas* ° ♦ Massachusetts* ° ♦ Rhode Island°
California* ° Michigan* ° ♦ South Carolina*
Colorado* ° ♦ Minnesota* ° South Dakota*
Connecticut* ° ♦ Mississippi* Tennessee* °
Delaware* ° Missouri* ° ♦ Texas* ° ♦
District of Columbia* ° Montana° Utah*
Florida* ° ♦ Nebraska* Vermont* °
Georgia* ° ♦ Nevada* ° Virginia* ° ♦
Hawai* ° New Hampshire* ° ♦ Washington* ° ♦
Idaho* New Jersey° ♦ West Virginia*
Illinois* ° New Mexico* ° ♦ Wisconsin
Indiana* ° New York° Wyoming*
Iowa* ° ♦ North Carolina* ° Guam*
Kansas* North Dakota* Puerto Rico
Kentucky* Ohio* Virgin Islands

Whistleblower Attorneys

Stephen M. Kohn – Founding Partner

Michael D. Kohn – Founding Partner

David K. Colapinto – Founding Partner

Mary Jane Wilmoth – Managing Partner

Todd Yoder – Associate Attorney

Kelsey Condon – Associate Attorney

Maraya Best – Associate Attorney

Siri Nelson – Legal Fellow

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