Georgia Code
Article 7B - False Medicaid Claims
§ 49-4-168.1. Civil Penalties for False or Fraudulent Medicaid Claims

shall be liable to the State of Georgia for a civil penalty consistent with the civil penalties provision of the federal False Claims Act, 31 U.S.C. 3729(a), as adjusted by the federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461; Public Law 101-410), and as further amended by the federal Civil Penalties Inflation Adjustment Improvements Act of 2015 (Sec. 701 of Public Law 114-74), plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person.
the court may assess not more than two times the amount of the actual damages which the Georgia Medicaid program sustained because of the act of such person.
History. Code 1981, § 49-4-168.1 , enacted by Ga. L. 2007, p. 355, § 3/HB 551; Ga. L. 2009, p. 8, § 49/SB 46; Ga. L. 2012, p. 127, § 2-1/HB 822; Ga. L. 2014, p. 77, § 1/HB 973; Ga. L. 2018, p. 240, § 1/SB 321.
The 2012 amendment, effective July 1, 2012, substituted “material to a false or fraudulent claim” for “to get a false or fraudulent claim paid or approved by the Georgia Medicaid program” in paragraph (a)(2); substituted “knowingly delivers, or causes to be delivered, less than all of such property or money” for “, intending to defraud the Georgia Medicaid program or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate of receipt” in paragraph (a)(4); substituted “Is” for “Being” at the beginning of paragraph (a)(5); and substituted the present provisions of paragraph (a)(7) for the former provisions, which read: “Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay, repay, or transmit money or property to the State of Georgia.”
The 2014 amendment, effective April 15, 2014, substituted the present provisions of paragraph (a)(3) for the former provisions, which read: “Conspires to defraud the Georgia Medicaid program by getting a false or fraudulent claim allowed or paid” and added subsection (d).
The 2018 amendment, effective May 3, 2018, substituted the present provisions of the ending undesignated language of subsection (a) for the former provisions, which read: “shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2007, “subsection (a) of this Code section” was substituted for “this subsection” in subsection (c).

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