N.C. Gen. Stat. » Chapter 1
NC General Statutes

N.C. Gen. Stat. § 1-616 (2026)

Remedies under other laws; severability of provisions; liberality of legislative construction; adoption of legislative history

✓ current as of July 2026
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(a) Remedies Under Other Laws. - The provisions of this Article are not exclusive, and the remedies provided for in this Article shall be in addition to any other remedies provided for in any other law or available under common law. No criminal or administrative action need be brought against any person as a condition for establishing civil liability under this section.

(b) If any provision of this Article or the application of this Article to any person or circumstance is held to be unconstitutional, the remainder of this Article and the application of the provision to other persons or circumstances shall not be affected by that holding.

(c) This Article shall be interpreted and construed so as to be consistent with the federal False Claims Act, 31 U.S.C. § 3729, et seq., and any subsequent amendments to that act. (2009-554, s. 1.)

 

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2019–2025 · leading case: State of NC v. Kinston Charter Acad. (N.C. Ct. App. 2019).
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State of NC v. Kinston Charter Acad. (N.C. Ct. App. 2019). · cites it 6× “However, the NCFCA does not define the term “person.” See N.C. Gen. Stat.”
State v. Kinston Charter Acad. (N.C. 2021). · cites it 6× “After acknowledging that the False Claims Act should be interpreted “so as to be consistent with the federal False Claims Act,” citing N.C.G.S. § 1-616(c), the Court of Appeals stated that “federal courts employ the Eleventh Amendment arm-of-the-state analysis in determining…”
State v. Kinston Charter Acad. (N.C. 2021). · cites it 6× “After acknowledging that the False Claims Act should be interpreted “so as to be consistent with the federal False Claims Act,” citing N.C.G.S. § 1-616(c), the Court of Appeals stated that “federal courts employ the Eleventh Amendment arm-of-the-state analysis in determining…”
Devarapally (E.D.N.C. 2025). · cites it 2× “acts in 1 Where the North Carolina False Claims Act “shall be interpreted and construed so as to be consistent with the federal False Claims Act,” N.C. Gen. Stat. § 1-616 (c), the court focuses its analysis on the FCA.”
Mason v. Health Mgmt. Assocs., Inc. (W.D.N.C. 2019). “North Carolina General Statute § 1-616(c) states that the North Carolina False Claims Act “shall be interpreted and construed so as to be consistent with the federal False Claims Act, 31 U.”
Mason v. Health Mgmt. Assocs., Inc. (W.D.N.C. 2023). “2015). Under that framework, “a presumption of retaliation arises” once a plaintiff establishes a prima facie case of retaliation.”
— N.C. Gen. Stat. § 1-616(c) — 5 cases
State v. Kinston Charter Acad. (N.C. 2021). “After acknowledging that the False Claims Act should be interpreted “so as to be consistent with the federal False Claims Act,” citing N.C.G.S. § 1-616(c), the Court of Appeals stated that “federal courts employ the Eleventh Amendment arm-of-the-state analysis in determining…”
State v. Kinston Charter Acad. (N.C. 2021). “After acknowledging that the False Claims Act should be interpreted “so as to be consistent with the federal False Claims Act,” citing N.C.G.S. § 1-616(c), the Court of Appeals stated that “federal courts employ the Eleventh Amendment arm-of-the-state analysis in determining…”
State of NC v. Kinston Charter Acad. (N.C. Ct. App. 2019). “However, the NCFCA does not define the term “person.” See N.C. Gen. Stat.”
Mason v. Health Mgmt. Assocs., Inc. (W.D.N.C. 2019). “North Carolina General Statute § 1-616(c) states that the North Carolina False Claims Act “shall be interpreted and construed so as to be consistent with the federal False Claims Act, 31 U.”
Mason v. Health Mgmt. Assocs., Inc. (W.D.N.C. 2023). “2015). Under that framework, “a presumption of retaliation arises” once a plaintiff establishes a prima facie case of retaliation.”
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