Georgia’s whistleblower laws allow private persons to file a qui tam action on behalf of the State government and recover 15-30% of the proceeds
The State of Georgia has two whistleblower laws which protect different interests: 1.) the Taxpayer Protection Against False Claims Act, and 2.) State False Medicaid Claims Act. Information on each statute is found below.
Georgia’s Taxpayer Protection Against False Claims Act
A private person may bring a civil action in the name of the State of Georgia or local government for violations of the Taxpayer Protection Against False Claims Act. In the case of a successful action, the whistleblower shall be entitled to receive between 15% – 30 % of the proceeds recovered in the action or in settlement of the action, in addition to an amount for reasonable expenses, attorney’s costs, and fees incurred during the case.
The Georgia Taxpayer Protection Against False Claims Act also protects whistleblowers against retaliation for engaging in protected activity, if a civil action is brought within three years after the date when the discrimination occurred.
The Georgia’s Taxpayer Protection Against False Claims Act— Title 23, Chapter 3, Article 6, Sections 23-3-120 et seq—provides liability for any person, firm, corporation, or other legal entity that:
- Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval;
- Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim;
- Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection;
- Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property;
- Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
- Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or
- Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government.
Violators are liable to the State of Georgia for a civil penalty of not less than $5,500 and not more than $11,000 for each false or fraudulent claim, plus three times the amount of damages which the state or local government sustains because of the act of such person.
This Code section does not apply to claims, records, or statements made concerning taxes under the revenue laws of this state.
Georgia’s State False Medicaid Claims Act
The State False Medicaid Claims Act is similar to the Georgia’s Taxpayer Protection Against False Claims Act as far as whistleblower rewards and protections, and civil penalties and damages for violators.
However, the State False Medicaid Claims Act—Title 49, Chapter 4, Article 7B, Sections § 49-4-168 et seq.— imposes liability on persons who:
- Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval;
- Knowingly makes, uses, or causes to be made or used a false record or statement to get a false or fraudulent claim paid or approved by the Georgia Medicaid program;
- Conspires to defraud the Georgia Medicaid program by getting a false or fraudulent claim allowed or paid;
- Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate of receipt;
- Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true;
- Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program who lawfully may not sell or pledge the property; or
- Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay, repay, or transmit money or property to the State of Georgia.
