Indiana Code
Chapter 5.7. Medicaid False Claims and Whistleblower Protection
5-11-5.7-3. Concurrent Jurisdiction to Investigate; Civil Action; Certification of Findings; Intervention; Disqualification

Sec. 3. (a) The:
(1) attorney general; and
(2) inspector general;
have concurrent jurisdiction to investigate a violation of section 2 of this chapter.
(b) If the attorney general discovers a violation of section 2 of this chapter, the attorney general may bring a civil action under this chapter against a person who may be liable for the violation.
(c) If the inspector general discovers a violation of section 2 of this chapter, the inspector general shall certify this finding to the attorney general. The attorney general may bring a civil action under this chapter against a person who may be liable for the violation.
(d) If the attorney general or the inspector general is served by a person who has filed a civil action under section 4 of this chapter, the attorney general has the authority to intervene in that action as set forth in section 4 of this chapter.
(e) If the attorney general:
(1) is disqualified from investigating a possible violation of section 2 of this chapter;
(2) is disqualified from bringing a civil action concerning a possible violation of section 2 of this chapter;
(3) is disqualified from intervening in a civil action brought under section 4 of this chapter concerning a possible violation of section 2 of this chapter;
(4) elects not to bring a civil action concerning a possible violation of section 2 of this chapter; or
(5) elects not to intervene under section 4 of this chapter;
the attorney general shall certify the attorney general's disqualification or election to the inspector general.
(f) If the attorney general has certified the attorney general's disqualification or election not to bring a civil action or intervene in a case under subsection (e), the inspector general has authority to:
(1) bring a civil action concerning a possible violation of section 2 of this chapter; or
(2) intervene in a case under section 4 of this chapter.
(g) The attorney general shall certify to the inspector general the attorney general's disqualification or election under subsection (e) in a timely fashion, and in any event not later than:
(1) sixty (60) days after being served, if the attorney general has been served by a person who has filed a civil action under section 4 of this chapter; or
(2) one hundred eighty (180) days before the expiration of the statute of limitations, if the attorney general has not been served by a person who has filed a civil action under section 4 of this chapter.
(h) The state is not required to file a bond under this chapter.
As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.4.

Structure Indiana Code

Indiana Code

Title 5. State and Local Administration

Article 11. Accounting for Public Funds

Chapter 5.7. Medicaid False Claims and Whistleblower Protection

5-11-5.7-1. Application; Definitions

5-11-5.7-2. Liability for Presenting, Making, or Using False Claims, False Records or Statements, Conspiracy

5-11-5.7-3. Concurrent Jurisdiction to Investigate; Civil Action; Certification of Findings; Intervention; Disqualification

5-11-5.7-4. Civil Action for Violations on Behalf of a Person or the State; Requirements; Dismissal of Claim; Serving of Complaint; Extensions of Time; Intervention

5-11-5.7-5. Attorney General and Inspector General Responsibilities in Intervention; Dismissal of Action; Settlement of Action; Limitations

5-11-5.7-6. Entitlement for Person Who Initially Filed Complaint; Attorney's Fees and Costs; State Not Liable for Expenses and Costs

5-11-5.7-7. No Court Jurisdiction for Actions Brought by Incarcerated Offenders, Actions Brought Against Certain Officeholders, Actions Subject to Civil Suit or Criminal Prosecution, or Actions Based on Information Contained in Specified Documents

5-11-5.7-8. Entitled Relief for Employees, Contractors, or Agents; Three Year Limitation

5-11-5.7-9. Subpoena; Barring of Civil Action Timing; Establishment of Elements of Offense and Damages by Preponderance of the Evidence; Estoppel if Conviction of Crime Involving Fraud or False Statements

5-11-5.7-10. Issuance of Civil Investigative Demand Concerning Documents and Information; Requirements

5-11-5.7-11. Civil Investigative Demand Include Description of Conduct Constituting Violation Involving a False Claim; Requirements; Return; Date for Oral Testimony Requirements

5-11-5.7-12. Demand Limitations if Disclosure Is Protected; Civil Investigative Demand Supersedes Contrary Orders, Rules, Provisions That Prevent or Restrict Disclosure; Does Not Constitute Waiver of a Right or Privilege

5-11-5.7-13. Service of Investigative Demand

5-11-5.7-14. Production of Documentary Material, Interrogatories, and Examinations in Accordance With Rules of Civil Procedure

5-11-5.7-15. Issuer of Civil Investigative Demand as Custodian; Transmittal and Possession of Documents; Copies; Restricted Availability of Documents; Return of Materials

5-11-5.7-16. Sanctions for Failure to Comply; Protective Order

5-11-5.7-17. Confidentiality of Material and Information

5-11-5.7-18. Proceedings Governed by Indiana Rules of Trial Procedure