2016-698 Emergency Svc - North State Medical Transport - Application for Services Franchise by Ordinance

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ATTACHMENT I SUMMARY OF RELEVANT STATE FALSE CLAIMS LAWS NORTH CAROLINA The North Carolina False Claims Act("NCFCA") is intended to deter individuals from submitting false claims to the State. N.C. Gen. Stat. §§ 1-605, et sec] Liability and Damages/Statute of Limitations • Actions that violate the NCFCA include, but are not limited to: (1) knowingly presenting, or causing to be presented, a false claim for• payment or approval, (2)knowingly making or using a false record or statement to get paid by the state; (3) conspiring to defraud the government by getting a false or fraudulent claim allowed or paid; and(4)knowingly making,using or causing to be made or used, a false record or statement to conceal, avoid or decrease an obligation to pay the state. • Violations of the NCFCA are punishable by civil fines of not less than S5,500 or more than S11,000 per violation, plus three times the amount of damages which the state sustains because of the violation. Damages may be reduced if the party committing the violation discloses information prior to learning of an investigation, and the party cooperates with the investigation. • A civil action under the NCFCA must be commenced before the later of: (1) six years after the date on which the violation is committed; and (2)three years after the date when the facts material to the right of action are known or reasonably should have been known by the official charged with responsibility to act in the circumstances, but in no event more than ten years after the date on which the violation is committed. Qui Tam Actions/Whistleblower Protections • An individual (or qui tam plaintiff) may sue for violations of the NCFCA. Individuals who do so receive between 15 and 25 percent of the total amount recovered if the state takes over the case, and between 25 and 30 percent (plus reasonable costs and attorneys' fees) if the qui tarn plaintiff litigates the case on his or her own. If the suit is based primarily on information that was not provided by the qui tarn plaintiff, the court may limit the award to the qui tam plaintiff to no more than 10%. • The NCFCA provides whistleblower protections for employees who are discharged, demoted, threatened, harassed or in any other manner discriminated against by his or her employer because of acts taken to further actions brought under the NCFCA. Such employees are entitled to (1) reinstatement to the individual's position; (2) reinstatement of full fringe benefits and seniority rights; (3)payment of two times back pay,plus interest; and(4) compensation for any special damages sustained as a result of the discrimination, including attorney's fees. 28