A. A civil action shall be brought within the limitations set forth in Section 37-1-4 NMSA 1978.
B. In any action brought pursuant to the Medicaid False Claims Act, the department or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
C. Notwithstanding any other provision of law, a final judgment rendered in favor of the department in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall preclude the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to the Medicaid False Claims Act.
History: Laws 2004, ch. 49, § 13.
Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Structure New Mexico Statutes
Chapter 27 - Public Assistance
Article 14 - Medicaid False Claims Act
Section 27-14-1 - Short title.
Section 27-14-3 - Definitions.
Section 27-14-4 - False claims against the state; liability for certain acts.
Section 27-14-5 - Documentary material in possession of state agency.
Section 27-14-7 - Civil action for false claims.
Section 27-14-8 - Rights of the parties to qui tam actions.
Section 27-14-9 - Award to qui tam plaintiff.
Section 27-14-10 - Certain actions barred.
Section 27-14-11 - Department not liable for certain expenses.
Section 27-14-12 - Employee protection.
Section 27-14-13 - False claims and reporting procedure.