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 Reading

2/9/2011          S Passed 3rd Reading

 

ROLL CALL

Ayes:  Senator(s) Anderson, Barnard, Christensen, Coe, Cooper, Dockstader, Driskill, Esquibel, F., Geis, Hicks, Jennings, Johnson, Landen, Martin, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross and Schiffer

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, Harvey and Miller

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)