Mass. Gen. Laws » Part I Title II Chapter 12
Massachusetts General Laws

Mass. Gen. Laws ch. 12, § 5A (2026)

False claims; definitions applicable to Secs. 5A to 5O

✓ current as of July 2026
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Section 5A. As used in sections 5A to 5O, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—

''Claim'', a request or demand, whether pursuant to a contract or otherwise, for money or property, whether or not the commonwealth or a political subdivision thereof has title to the money or property, that: (1) is presented to an officer, employee, agent or other representative of the commonwealth or a political subdivision thereof; or (2) is made to a contractor, subcontractor, grantee or other person, if the money or property is to be spent or used on behalf of or to advance a program or interest of the commonwealth or political subdivision thereof and if the commonwealth or any political subdivision thereof: (i) provides or has provided any portion of the money or property which is requested or demanded; or (ii) will reimburse directly or indirectly such contractor, subcontractor, grantee or other person for any portion of the money or property which is requested or demanded. A claim shall not include requests or demands for money or property that the commonwealth or a political subdivision thereof has paid to an individual as compensation for employment with the commonwealth or a political subdivision thereof or as an income subsidy with no restrictions on that individual's use of the money or property.

''False claims action'', an action filed by the office of the attorney general or a relator under sections 5A to 5O, inclusive.

''False claims law'', sections 5A to 5O, inclusive.

''Knowing'', ''knowingly'' or ''knows'', possessing actual knowledge of relevant information, acting with deliberate ignorance of the truth or falsity of the information or acting in reckless disregard of the truth or falsity of the information; provided, however, that no proof of specific intent to defraud shall be required.

''Material'', having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

''Obligation'', an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation or from the retention of any overpayment after the deadline for reporting and returning the overpayment under paragraph (10) of section 5B.

''Original source'', an individual who: (1) prior to a public disclosure under paragraph (3) of section 5G, has voluntarily disclosed to the commonwealth or any political subdivision thereof the information on which allegations or transactions in a claim are based; or (2) has knowledge that is independent of and materially adds to the publicly- disclosed allegations or transactions, and who has voluntarily provided the information to the commonwealth or any political subdivision thereof before filing a false claims action.

''Overpayment'', any funds that a person receives or retains, including funds received or retained under Title XVIII or XIX of the Social Security Act, to which the person, after applicable reconciliation, is not entitled.

''Ownership or investment interest'', any: (1) direct or indirect possession of equity in the capital, stock or profits totaling more than 10 per cent of an entity; (2) interest held by an investor or group of investors who engages in the raising or returning of capital and who invests, develops or disposes of specified assets; or (3) interest held by a pool of funds by investors, including a pool of funds managed or controlled by private limited partnerships, if those investors or the management of that pool or private limited partnership employ investment strategies of any kind to earn a return on that pool of funds.

''Person'', a natural person, corporation, partnership, association, trust or other business or legal entity.

''Political subdivision'', a city, town, county or other governmental entity authorized or created by law, including public corporations and authorities.

''Relator'', an individual who brings an action under paragraph (2) of section 5C.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 2005–2024 · leading case: Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007).
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Scannell v. Attorney Gen., 872 N.E.2d 1136 (Mass. App. Ct. 2007). · cites it 4× “See G. L. c. 12, §§ 5A, 5C(2), 5F. To be entitled to the bounty, an individual in possession of such knowledge must attain the *49 status of a “relator” by filing suit against the defrauding entity in Superior Court in the name of the Commonwealth or a subdivision thereof.”
Phone Recovery Servs., LLC v. Verizon of New England, Inc., 102 N.E.3d 968 (Mass. 2018). · cites it 4× “, and several other communication service providers, pursuant to the Massachusetts False Claims Act (act), G. L. c. 12, §§ 5A - 5O. 3 PRS claimed that the defendants failed to collect from their customers, and remit to the Commonwealth, a surcharge for 911 emergency telephone…”
Commonwealth v. S. Bay Mental Health Ctr., Inc., 334 F. Supp. 3d 394 (D.D.C. 2018). · cites it 5× “It asserts claims under the Massachusetts False Claims Act ("MFCA"), Mass. Gen. Laws ch. 12, §§ 5A et seq. ; the Massachusetts Medicaid False Claims Act, Mass.”
New York v. Amgen Inc., 652 F.3d 103 (1st Cir. 2011). · cites it 2× “5-18; Massachusetts False Claims Act, Mass. Gen. Laws ch. 12, §§ 5A to 50; New Mexico Medicaid False Claims Act, N.”
G4S Tech. LLC v. Massachusetts Tech. Park Corp., 99 N.E.3d 728 (Mass. 2018). “18 We note that persons or corporations who make a fraudulent claim for payment to a State government entity are subject to civil penalties under the Massachusetts False Claims Act, G. L. c. 12, §§ 5A -5O. When any funding for a public contract is provided by the Federal…”
Massachusetts v. Mylan Labs., 608 F. Supp. 2d 127 (D. Mass. 2008). · cites it 2× “Massachusetts moves for partial summary judgment as to liability with respect to Count IV of the First Amended Complaint, its claim that the defendants violated the Massachusetts False Claims Act, Mass. Gen. Laws. ch. 12, § 5A et seq. The defendants jointly move for summary…”
Massachusetts v. Mylan Labs., 357 F. Supp. 2d 314 (D. Mass. 2005). “With respect to the allegations of inflated WACs, Massachusetts asserts causes of action for fraud (Count I), unjust enrichment (Count II), violations of'the Massachusetts Medicaid False Claims Act, Mass. Gen. L. Ann. ch. 118E, §§ 40 and 41 (Count III), and violation of the…”
United States v. Pfizer, Inc., 9 F. Supp. 3d 34 (D. Mass. 2014). “July 27, 2010); Mass. Gen. Laws ch. 12, § 5A (eff. July 1, 2012).”
Rosenberg v. JPMorgan Chase & Co. (Mass. 2021). · cites it 4× “" G. L. c. 12, §§ 5A, 5C (2). The Commonwealth may intervene and take over the case.”
Christine Martino-Fleming v. South Bay Mental Health Centers (D. Mass. 2018). · cites it 3× “It asserts claims under the Massachusetts False Claims Act (“MFCA”), Mass. Gen. Laws ch. 12, §§ 5A et seq.; the Massachusetts Medicaid False Claims Act, Mass.”
Powell v. Holmes (D. Mass. 2021). · cites it 3× “” Mass. Gen. Laws ch. 12, § 5A (2000) (emphasis added).”
United States of Am. v. Biogen Inc. (D. Mass. 2022). · cites it 2× “), Massachusetts (M.G.L. c. 12 §§ 5A, et seq.) New Jersey (N.”
Show all 16 citing cases →
— Mass. Gen. Laws ch. 12, § 5A(a) — 2 cases
New York v. Amgen Inc., 652 F.3d 103 (1st Cir. 2011). “5-18; Massachusetts False Claims Act, Mass. Gen. Laws ch. 12, §§ 5A to 50; New Mexico Medicaid False Claims Act, N.”
Massachusetts v. Mylan Labs., 608 F. Supp. 2d 127 (D. Mass. 2008). “Massachusetts moves for partial summary judgment as to liability with respect to Count IV of the First Amended Complaint, its claim that the defendants violated the Massachusetts False Claims Act, Mass. Gen. Laws. ch. 12, § 5A et seq. The defendants jointly move for summary…”
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