S.F. No. 0145 |
Medicaid fraud recovery. |
Sponsored
By: Senator(s) Peterson, Dockstader, Meier and
Perkins and Representative(s) Miller
AN ACT relating to Medicaid; creating the Wyoming
Medicaid False Claims Act; authorizing civil recoveries for the state and
persons reporting false claims as specified;
prescribing duties of the attorney general; providing procedures;
providing for a limitations period and applicability of the act; providing
definitions; prescribing criminal penalties as specified for failure to
maintain required records; and providing for an effective date.
1/25/2011 Bill Number Assigned
1/26/2011 S Received for Introduction
1/26/2011 S Introduced and Referred to S10
2/4/2011 S10 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Dockstader, Nutting, Schiffer and Scott
Excused:
Senator(s) Martin
Ayes 4 Nays
0 Excused 1 Absent 0 Conflicts
0
2/4/2011 S
Placed on General File
SF0145SS001/ADOPTED
Page 5-line 23 Delete through "state".
Page 6-line 3 Delete "to obtain payment"
insert "material to a false or fraudulent claim;".
Page 6-line 4 Delete.
Page 6-line 6 After "Conspires to" delete
balance of line and insert "commit a violation of paragraphs (i), (ii),
(iv), (v), (vi) or (vii) of this subsection;".
Page 6-lines 7
through 11 Delete.
Page 6-lines
16 and 17 Delete and insert "than
all of that money or property;".
Page 6-lines
21 and 22 Delete and insert "state
and, intending to defraud the state, makes or delivers a receipt without
completely knowing that the information on the receipt is true;".
Page 7-line 2 Delete "any person" insert "an
officer or employee of the state".
Page 7-line 6 After "statement" delete
balance of line and insert "material to".
Page 7-line 7 Delete "decrease".
Page 7-line 8 After "state" delete ";"
and insert "or knowingly conceals or knowingly and improperly avoids or
decreases an obligation to pay or transmit money or property to the state.".
Page 7-lines
10 through 15 Delete and renumber.
Page 9-line 11 Delete "Once filed, the"
insert "The action may be dismissed only if the court and the attorney
general give written consent to the dismissal and their reasons for consenting;".
Page 9-lines
12 through 15 Delete.
Page 11-line
19 After "opportunity"
delete balance of line and insert "for a hearing on the motion;".
Page 11-line
20 Delete.
Page 12-line 1 Delete.
Page 12-line 2 Delete "evidence".
Page 12-line 3 After "circumstances" insert
". Upon a showing of good cause, a
hearing under this subparagraph may be held in camera".
Page 15-line
10 Delete "which includes
damages,".
Page 15-lines
11 and 12 Delete.
Page 15-line
13 Delete through "action,".
Page 18-lines
13 through 19 Delete and insert:
"(iii) The
court shall dismiss an action or claim under W.S. 42‑4‑304(b),
unless opposed by the state, if substantially the same allegations or
transactions as alleged in the action or claim were publicly disclosed:
(A) In a
criminal, civil or administrative hearing in which the state or an agent of the
state is a party;
(B) In a
legislative or administrative report, hearing, audit or investigation; or
(C) By the news
media, unless the action is brought by the attorney general or the person
bringing the action is an original source of the information.".
Page 19-lines
1 through 17 Delete and insert:
"(g) Any
employee, contractor or agent shall be entitled to all relief necessary to make
that employee, contractor or agent whole if that employee, contractor or agent
is discharged, demoted, suspended, threatened, harassed or in any other manner
discriminated against in the terms and conditions of employment because of
lawful acts done by the employee, contractor, agent or associated others in
furtherance of an action under this section or other efforts to stop one (1) or
more violations of this article. Relief
under this subsection shall include reinstatement with the same seniority
status that the employee, contractor or agent would have had but for the
discrimination, two (2) times the amount of back pay, interest on the back pay
and compensation for any special damages incurred as a result of discharge,
demotion, suspension, threat, harassment or other discrimination including
litigation costs and reasonable attorneys' fees. An action under this subsection may not be
brought more than three (3) years after the date when the retaliation occurred.".
Page 19-line
23 Delete "ten (10)"
insert "six (6)".
Page 19-line
24 After "committed"
insert "or more than three (3) years after the date when facts material to
the right of action are known or reasonably should have been known by the
official of the state charged with responsibility to act in the circumstances,
whichever occurs last, provided that in no event shall a civil action be brought
more than ten (10) years after the date on which the violation is committed".
Page 20-lines 2 through 5 Delete and renumber.
SCOTT, CHAIRMAN
2/7/2011 S
Passed CoW
SF0145S2001/FAILED
Page 23–line 2 After "person who" insert "intentionally". BEBOUT
2/8/2011 S
Passed 2nd
2/9/2011 S
Passed 3rd
ROLL CALL
Ayes:
Senator(s) Anderson, Barnard, Christensen, Coe, Cooper, Dockstader,
Driskill, Esquibel, F., Geis, Hicks,
Nays:
Senator(s) Bebout, Burns, Case, Emerich, Hastert, Hines, Rothfuss, Scott
and Von Flatern
Ayes 21 Nays
9 Excused 0 Absent 0 Conflicts
0
2/10/2011 H Received for Introduction
2/11/2011 H Introduced and Referred to H10; No
Report Prior to CoW Cutoff
2/18/2011 Motion
to Do Pass Failed
ROLL CALL
Ayes:
Representative(s) Barbuto, Craft,
Nays:
Representative(s) Gay, Gingery, Greene, Hunt and Peasley
Ayes 4 Nays
5 Excused 0 Absent 0 Conflicts
0
2/28/2011 H
Committee Returned Bill Pursuant to HR 4-3(c)