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MS HB1177

Bill

Status

Failed

2/27/2018

Primary Sponsor

Mark Baker

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Creates the "Mississippi False Claims Act" to prohibit knowingly presenting false or fraudulent claims for payment to state agencies, including making false records, conspiracy to defraud, and failure to disclose inadvertently submitted false claims.

  • Establishes civil liability for violators including treble damages (three times actual damages), civil penalties of $5,000 to $10,000 per violation, court costs, and attorney's fees; reduced to double damages with no penalty if person discloses violation within 30 days and meets other conditions.

  • Authorizes "qui tam" lawsuits by private citizens on behalf of the state when the amount in controversy exceeds $10,000, with qui tam plaintiffs receiving 15-25% of proceeds if the state intervenes or 25-30% if the state does not intervene.

  • Requires state agencies to diligently investigate suspected violations and grants them primary prosecution authority if they choose to proceed; qui tam plaintiffs may continue as parties subject to court limitations on participation.

  • Prohibits employers from retaliating against employees who disclose information to government agencies or participate in false claims actions, with violators liable for reinstatement, double back pay with interest, damages, punitive damages, and attorney's fees; effective July 1, 2018.

Legislative Description

Mississippi False Claims Act; create.

Last Action

Died In Committee

2/27/2018

Committee Referrals

Judiciary, Division A2/12/2018
Judiciary A1/15/2018

Full Bill Text

No bill text available