Takeaway: From 2018 to 2020, the New York False Claims Act yielded an impressive $216,936,354 in recoveries and returned $130,161,812 to New York State’s Medicaid Program.
New York is one of 32 states with its own qui tam statute.[1] Enacted in 2007, the New York State False Claims Act (NYFCA) lets whistleblowers (called “relators”) sue individuals and businesses that submit false or fraudulent claims for payment to the State.[2] The NYFCA awards successful whistleblowers with a share of the State’s recovery.[3]
In 2018, New York amended its whistleblower statute to require annual reporting by the State Attorney General to the State Legislature.[4] Each report includes the amount of monies recovered by the State’s Medicaid Fraud Control Unit (MFCU) under the NYFCA in the preceding calendar year. The reports also reveal how much more money the State recovered by having a false claims act that satisfies Section 1909 of the Social Security Act.[5]
Based on three years of reporting, the NYFCA has yielded large recoveries for the Empire State.
| NYFCA Recoveries Reported by the New York State Attorney General N.Y. State Fin. Law § 190-b |
| Calendar Year | Total Recovered by the New York Medicaid Fraud Control Unit | Total Returned to New York State’s Medicaid Program (60%) | Additional Monies Returned under Section 1990 of the Social Security Act |
|---|---|---|---|
| 2018 | $ 40,504,700.87 | $ 24,302,820.52 | $ 4,169,926.13 |
| 2019 | $ 114,076,564.58 | $ 68,445,938.75 | $ 11,407,656.45 |
| 2020 | $... |
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