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MS HB1165

Bill

Status

Failed

3/2/2010

Primary Sponsor

Bobby Moak

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Expands the definition of false or fraudulent Medicaid claims to include seven specific prohibited acts, such as knowingly presenting false claims for payment, making false records, conspiring to defraud the state, and concealing obligations to pay money to the state

  • Imposes civil penalties of $5,000 to $10,000 per violation plus treble damages for persons who commit Medicaid fraud, with a reduced penalty of double damages available if the violator self-reports within 30 days and fully cooperates before any investigation begins

  • Authorizes private persons (qui tam plaintiffs) to bring civil actions on behalf of the state for Medicaid fraud violations, with recoveries of 15–25% of proceeds if the state intervenes or 25–30% if the state declines to proceed, and includes whistleblower protections such as reinstatement, double back pay, and attorneys' fees for retaliated-against employees

  • Establishes a statute of limitations for civil actions of six years from the date of violation or three years from when material facts were known or should have been known, with an absolute cap of ten years, though these limits do not apply to actions brought by the state

  • Grants the Attorney General subpoena authority to compel production of documents—including medical records, provider documents, and phone records—during Medicaid fraud investigations, subject to ex parte court approval and the subpoenaed party's right to assert privilege

Legislative Description

Medicaid Fraud Control Act; revise several provisions of.

Last Action

Died In Committee

3/2/2010

Full Bill Text

No bill text available