 
HEALTHCARE: ILLINOIS WHISTLEBLOWER REWARD ACT APPROVED BY FEDS
The U.S. Department of Health and Human Services (“HHS”) recently announced that Illinois’ Whistleblower Reward and Protection Act qualifies the state for financial incentives under the Deficit Reduction Act (“DRA”). The DRA provides that if a state’s false claims act meets enumerated criteria, the state will receive a 10% increase in its share of Medicaid fraud recoveries from state actions brought under the state’s statute. To date, the HHS Office of the Inspector General has reviewed laws adopted in ten states, and Illinois law is one of only three state laws that satisfies the DRA’s requirements.
The Illinois Whistleblower Reward and Protection Act (740 ILCS 175/1 et seq), is similar to the federal False Claims Act and imposes civil monetary penalties plus treble damages for filing false requests for payment to state agencies, including Medicaid. A private individual (“whistleblower”) may bring a qui tam action for violation of the law in the state’s name. If the state intervenes and the action is successful, the whistleblower will be awarded between 15% and 25% of the proceeds. After proceeds are disbursed to private individuals, the remaining funds are allocated to the Attorney General, the Department of State Police for law enforcement and to the state’s General Treasury. » Back
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