Many states have enacted whistleblower laws modeled on the
federal False Claims Act (FCA). So have certain local
jurisdictions, including New York City, Philadelphia, Chicago, the
District of Columbia, and Miami-Dade and Broward Counties in
Florida. Whistleblowers can sue under those laws to address fraud
committed against state and local governments.
Such suits can often include claims under the federal FCA as
well, such as where the fraud targets a Medicaid program jointly
administered by states and the federal government.
While most state and local whistleblower laws are similar to the
FCA in substance and structure, several key differences exist.
First, state and local whistleblower laws apply only to fraud
against the relevant state or local government. Whistleblowers
cannot invoke New York law to report fraud against Pennsylvania.
When fraud cuts across jurisdictions, a whistleblower may need to
pursue claims under multiple different laws.
