Rules Update page

Below, please find updates to the Rules.

Rule 5: Don’t Forget State Laws

Alabama Louisiana° ♦ Oklahoma° ♦
Alaska*MaineOregon*
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

* – 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.

Arkansas Whistleblower Protection Cases

Whistleblowers are protected under common law “public policy” claim under breach of contract theory.

Sterling Drug Inc. v. Oxford, 294 Ark. 239. (Ark. 1988).

Northport Health Services Inc. v. Owens, 356 Ark. 630. (Ark. 2004).

TFS of Gurdon, Inc. v. Hook, 474 S.W.3d 897 (Ark. Ct. App. 2015).

Arkansas has a False Claims Act concerning fraud in government procurement and contracting regarding the Arkansas Medicaid program. False Claims Act claims are generally considered among the best whistleblower claims available. We recommend determining if your case falls within this False Claims Act.

Arkansas Medicaid Fraud False Claims Act

CAUTION: Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies. Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception. Additionally, relevant state case law governing whistleblower protection is often subject to change. We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit. Please read our disclaimer. If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws. If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

Florida Whistleblower Protection Cases

Florida courts primarily rely on the Florida Whistleblower Protection Act in providing a remedy for wrongful discharge.

Fox v. City of Pompano Beach, 984 So. 2d 664. (Fla. App. 2008).

Tracey-Meddoff v. J. Altman Hair & Beauty Centre, Inc., 899 So. 2d 1167. (Fla. App. 2005).

Florida has a False Claims Act concerning fraud in government procurement and contracting. False Claims Act claims are generally considered among the best whistleblower claims available. We recommend determining if your case falls within this False Claims Act.

Florida False Claims Act

The OIG of Health and Human Services review of the law*Supplement 1, Supplement 2

*Specific to Medicaid Fraud.

CAUTION: Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies. Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception. Additionally, relevant state case law governing whistleblower protection is often subject to change. We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit. Please read our disclaimer.If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws. If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

Michigan Whistleblower Protection Cases

Whistleblowers are protected under common law “public policy” tort, but coverage under the Michigan Whistleblower Protection Act(WPA) may be exclusive.

Sventko v. Kroger Company, 245 N.W.2d 151 (Mich App. 1976).

Kimmelman v. Heather Downs, 753 N.W.2d 265 (Mich. App. 2008) (holding that the claim was barred under Michigan WPA’s ninety-day statute of limitations).

Pace v. Edel-Harrelson,870 N.W.2d 745 (Mich. App. 2015) (holding that the WPA provides a remedy for an employee who suffers retaliation for reporting or planning to report a suspected violation of a law, regulation, or rule to a public body).

Michigan has a False Claims Act concerning fraud in government procurement and contracting. False Claims Act claims are generally considered among the best whistleblower claims available. We recommend determining if your case falls within this False Claims Act.

Michigan Medicaid False Claims Act

The OIG of Health and Human Services review of the law*Supplement 1, Supplement 2

*Specific to Medicaid Fraud.

CAUTION: Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies. Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception. Additionally, relevant state case law governing whistleblower protection is often subject to change. We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit. Please read our disclaimer.If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws. If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

Missouri Whistleblower Protection Cases

Whistleblowers are protected under common law “public policy” tort.

Smith v. Baue Funeral Home, 370 S.W.2d 249 (Mo. 1963).

Entwistle v. Missouri Youth Soccer,259 S.W.3d 558 (Mo. App. 2008).

Missouri has a False Claims Act concerning fraud in government procurement and contracting regarding the Missouri Medicaid program. False Claims Act claims are generally considered among the best whistleblower claims available. We recommend determining if your case falls within this False Claims Act.

Missouri Health Care Payment Fraud and Abuse Act

CAUTION: Many States have enacted laws governing whistleblowing which, in some cases, abrogate an employee’s right to pursue common law remedies. Before filing a state whistleblower lawsuit, it is imperative to determine whether you are covered under a state law and how that law may interact with the common law “public policy” exception. Additionally, relevant state case law governing whistleblower protection is often subject to change. We strongly recommend a careful review of current state case law prior to filing a state whistleblower lawsuit. Please read our disclaimer.If you are pursuing a case under state law, we urge you to consult with an attorney familiar with those laws. If you are pursuing a claim under a state False Claims Act, and would like a consultation with the partners at Kohn, Kohn and Colapinto, please fill out our consultation form here.

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