State of California ex rel. Aetna Health of California, Inc. v. Pain Management Specialist Medical Group (2020)
The State of California is the real party in interest in a qui tam action brought by a private party under the Insurance Fraud Protection Act (Ins. Code 1871 et seq.). The state is not bound by an arbitration provision in a contract signed by the private party bringing the qui tam action. Accordingly, arbitration of the qui tam action cannot be compelled. But see Deck v. Miami Jacobs Bus. College Co. (S.D. Ohio, Jan. 31, 2013, No. 3:12-cv-63) 2013 U.S. Dist. Lexis 14845, holding that a federal False Claims Act claim may be subject to arbitration.
Arbitration Insurance Qui Tam