Pertinent Information About the Georgia False Claims Act

The Georgia False Claims Act was set forth in two separate phases. The first phase came in 2007 and was in the form of the Georgia False Medicaid Claims Act. This piece of legislation concretely imposed civil liability on any person, entity or corporation that knowingly submits a false or fraudulent claim to the Medicaid Program in Georgia or engages in any kind of conduct that defrauds the state or local government or any healthcare dollars.

The second phase came in 2012 in the form of the Georgia Taxpayer Protection False Claims Act, which was largely an expansion upon the previous act. The act extended the legislation to not only impose civil liability on those who attempted to defraud the state or local governments of healthcare dollars, but also on those that attempted to improperly avoid any obligation to the state or local government.

These acts together provide “qui tam” powers to civilians to help enforce state and local regulations. “Qui tam” is simply the Latin reference to the power of individual citizens to bring civil lawsuits against individuals, corporations and entities on behalf of the government.

Benefits of “Whistle-blowing”

Both of these acts protect and give power to ordinary civilians and help to enforce compliance with state and local laws. When the False Claims Act was expanded, the expansion not only widened the base of liability, but also created certain incentives within the legislation to reward those who came forward.

Whistle-blowers that file a successful False Claims act case against a defendant are eligible to recover anywhere between 15 and 25 percent of the proceeds if the Attorney General joins the case. Without the assistance of the Attorney General, plaintiffs can recover as much as 30 percent for claims pursued on their own. One of the other benefits is the insulation from retaliation that is afforded to individuals that come forward.

Many people that come forward are concerned that they will face severe blowback and retaliation from the entity or person that they whistle-blow against. This fear is even more prevalent in circumstances where the violating party is an individual’s employer. Both acts, however, protect employees from any retaliatory actions taken by their employers. Employers who decide to act in such a way shall be responsible for making the employee “whole.” This can include forced reinstatement, twice the amount of back pay, interest on any back pay that is awarded and potential special damages based on any claims of discrimination along with litigation costs and attorney fees.

If you or a loved one suspect that an individual, corporation or entity is in any way attempting to defraud state or local governmental authorities or avoid obligations to these authorities, you can be the one to make a difference in enforcing the law. Contact Harris Lowry Manton LLP today for a free consultation with one of our experienced Atlanta attorneys.