NCHRP 20-06/Topic 23-04 [Completed]
The Effectiveness of State False Claims Acts in Protecting State Transportation Funding
[ NCHRP 20-06 (Legal Problems Arising out of Highway Programs) ]
| Project Data
||Conner Gwyn Schenck PLLC|
||Timothy R. Wyatt|
||Complete - published as LRD 79|
The purpose of this digest is to provide an in-depth assessment of federal and state statutes and case law relating to recent developments in the area of false claims. The federal False Claims Act has fostered comprehensive legislation and regulations since its inception. However, while the majority of U. S. states have developed comprehensive Medicaid Fraud statutes and procedures, less than half of these states have adopted provisions that apply to claims made to state and political divisions for highway and transportation funds. State that have false claims statutory provisions regularly pattern them after the federal False Claims Act. With few exceptions, most state false claims procedure and regulations, and particularly, those that relate to qui tam actions, mirror federal procedure. This digest also focuses on legislative developments associated with the rights of “whistleblowers” and legal prohibitions against employer retaliation.
With recent emphasis on transparency of public institutional activities, this digest should prove valuable to the federal and state employers and employees, transportation contractors and subcontractors, attorneys and others that focus in personnel management, and processing payment invoices and other types of state and federal financial claims. Furthermore, the digest provides a useful resource for legislators and other individuals responsible for developing new methodology to protect against fraudulent activity in government transportation contracting.