Lexology January 21, 2025
Massachusetts recently signed into law House Bill 5159, which includes a strict new rule for investors in Massachusetts health care companies, requiring them to timely disclose FCA violations of their investment entities or face FCA liability themselves. This law imposes FCA liability for a broader range of conduct by investors as compared to the federal False Claims Act, and affected investors should consider whether any operational changes should be made to address the new law.
House Bill 5159 amended the Massachusetts False Claims Act to hold liable anyone with an “ownership or investment interest” that “knows about” their investment entity’s violation of the state’s FCA but fails to disclose the violation “within 60 days of identifying the violation.” The law...