Indiana Code
Chapter 5.7. Medicaid False Claims and Whistleblower Protection
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

Sec. 7. (a) This section does not apply to an action brought by:
(1) the attorney general;
(2) the inspector general;
(3) a prosecuting attorney; or
(4) a state employee in the employee's official capacity.
(b) A court does not have jurisdiction over an action brought under section 4 of this chapter if the action is brought by an incarcerated offender, including an offender incarcerated in another jurisdiction.
(c) A court does not have jurisdiction over an action brought under section 4 of this chapter against the state, a state officer, a judge (as defined in IC 33-23-11-7), a justice, a member of the general assembly, a state employee, or an employee of a political subdivision, if the action is based on information known to the state at the time the action was brought.
(d) A court does not have jurisdiction over an action brought under section 4 of this chapter if the action is based upon an act that is the subject of a civil suit, a criminal prosecution, or an administrative proceeding in which the state is a party.
(e) A court does not have jurisdiction over an action or claim brought under section 4 of this chapter if the action or claim is based upon information contained in:
(1) a transcript of a criminal, a civil, or an administrative hearing in which the state or the state's agent is a party;
(2) a legislative, an administrative, or another public state report, hearing, audit, or investigation; or
(3) a news media report;
unless the person bringing the action either, before a public disclosure under this section voluntarily discloses to the state the information on which the allegations or transactions in a claim are based, or has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions, and the person bringing the action has voluntarily provided this information to the state before an action is filed under section 4 of this chapter.
(f) In determining whether a prior public disclosure bars a court from exercising jurisdiction over an action brought under section 4 of this chapter, the court shall consider, but is not bound by, any objection brought by the attorney general or the inspector general.
As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.8.

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