Pennsylvania Needs False Claims Act to Fight Fraud

Writer argues the proposed state law would help uncover and recover billions lost to government contractor fraud.

Mar. 28, 2026 at 12:44pm

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In a letter to the editor, Jodine Mayberry argues that Pennsylvania should pass the proposed False Claims Act legislation, which would allow individuals to file lawsuits against companies that have allegedly committed fraud against the state government. Mayberry, a former Westlaw reporter who covered federal false claim cases, explains how the law would work and the benefits it would provide in uncovering and recovering billions lost to contractor fraud, including in Medicaid, highway construction, and other state contracts.

Why it matters

The False Claims Act is a powerful tool to combat fraud against the government, which can cost taxpayers billions of dollars each year. By allowing whistleblowers to file lawsuits on behalf of the state, the law can uncover fraud that the government may be unaware of and recover funds that have been wrongfully taken.

The details

The proposed Pennsylvania False Claims Act is modeled after the federal version, which has been in place since the Civil War. It would allow individuals, known as 'qui tam' plaintiffs, to file lawsuits under seal against companies or individuals that have allegedly defrauded the state government. The state Attorney General would then have 60 days to investigate the claim and decide whether to intervene. If the state intervenes, it takes over the prosecution, and the qui tam plaintiff assists and receives a percentage of any recovery. Even if the state declines to intervene, the qui tam plaintiff can continue to prosecute the case on their own, though this is risky. The law has been effective at the federal level in uncovering fraud in Medicaid, government contracts, and other areas, recovering billions for taxpayers.

  • The False Claims Act bill, HB 1691, passed the Pennsylvania House on a bipartisan 136-67 vote and is currently in the Senate Health and Human Services Committee.

The players

Jodine Mayberry

A former reporter at Westlaw who covered federal false claim cases for 28 years and is writing in support of the Pennsylvania False Claims Act legislation.

Curt Schroder

The author of a previous op-ed that Mayberry is rebutting, who had criticized the proposed False Claims Act legislation.

Pennsylvania Attorney General

Would have 60 days to investigate claims filed by qui tam plaintiffs and decide whether to intervene in the lawsuit.

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What they’re saying

“Qui tam plaintiffs are only alerting the government that it is being cheated, a fact of which the government is often blissfully unaware. Thus they are hardly expanding liability, only disclosing its existence.”

— Jodine Mayberry, Writer

“The federal False Claims Act came into being during the Civil War when government contractors were ripping off Uncle Sam and the Union troops with shoddy uniforms, rancid food and defective arms.”

— Jodine Mayberry, Writer

What’s next

The False Claims Act bill, HB 1691, is currently in the Pennsylvania Senate Health and Human Services Committee, where it will be considered for further action.

The takeaway

The False Claims Act is a proven tool to combat fraud against the government, and Pennsylvania should join the majority of states that have passed their own versions of the law to help uncover and recover billions lost to contractor fraud each year.