North Dakota False Claims Act
North Dakota has not adopted a state version of the False Claims Act. Instead, it has several laws that prohibit fraud against Medicaid and additional laws that prohibit fraudulent fees or bills by physicians, chiropractors, dieticians, optometrists and pharmacists. However, these measures do not provide for qui tam lawsuits or whistleblower rewards.
A whistleblower with evidence of health care fraud in Medicare or Medicaid can still file a Federal False Claims Act lawsuit and seek recovery of the federal portion of government spending. The federal law permits rewards of between 15 and 30 percent of the recovery.
If we receive information that the North Dakota legislature is considering adoption of a False Claims Act, we will post it here.
ND Whistleblower Laws
North Dakota prohibits retaliation by an employer if an employee reports in good faith a suspected violation of federal, state or local law. The law allows an employee to refuse an employer’s order if there is an objective basis for refusal and the employee informs their employer the reason for refusing. An employee is also protected for his or her participation in an investigation, hearing or inquiry by a public body or official.
An employer that violates this law is guilty of a criminal infraction as well as liable to an employee in a civil action filed within the appropriate procedural time frame.
Whistleblower laws are complex and contain many terms and conditions. These summaries are intended to be brief introductions to the law and not a detailed coverage of the intricacies of the law. For additional information about one of these laws, please contact our whistleblower lawyers at 1-800-590-4116.
Note: McEldrew Young Purtell Merritt attorneys represent whistleblowers under federal whistleblower reward programs established at the Justice Department, SEC, CFTC, IRS, NHTSA and other federal agencies. We selectively handle client cases involving state law retaliation issues where there is a corresponding claim for a federal or state reward. In certain states, we may do so through association with an employment lawyer licensed in the state where these acts happened because our lawyers are not barred in every state. We generally do not represent public sector (state employee) whistleblowers.
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