South Dakota False Claims Act and Whistleblower Laws

South Dakota False Claims Act

South Dakota has not adopted a state version of the False Claims Act. 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 South Dakota legislature is considering adoption of a False Claims Act, we will post it here. At this time, we have not seen media reports that the state is pursuing a law permitting whistleblower rewards and qui tam lawsuits.

SD Whistleblower Laws

South Dakota hasn’t adopted strong whistleblower protections for employees of private businesses. State employees may file a grievance with the career service commission if there has been retaliation. However, the only whistleblower protections offered to other employees do not involve the reporting of Medicaid fraud.

Special Disclaimers

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 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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