Bill No.: SF0083 Drafter: JWL
LSO No.: 13LSO-0349 Effective Date: 7/1/2013
Enrolled Act No.: SEA0084
Chapter No.: CH0118
Prime Sponsor: Senator Peterson
Catch Title: Medicaid fraud recovery.
Subject: Creates the Wyoming Medicaid False Claims Act with civil and criminal penalties.
Summary/Major Elements: This act:
· Creates the Wyoming Medicaid False Claims Act in Title 42;
· Defines relevant terms, including “claim” and “material statement”;
· For persons other than Medicaid recipients, provides for a civil penalty of $1,000-$10,000, treble damages and costs for knowingly presenting false or fraudulent claims, knowing use of false records, knowingly benefiting from an inadvertent false claim without repaying the benefit or conspiring to commit any of these violation;
· Reduces treble damages to double damages for persons who cooperate with investigative authorities;
· For recipients, provides for reimbursement plus a civil penalty of $1,000, or treble reimbursement for subsequent violations;
· Authorizes the attorney general or district attorneys to investigate possible false claims and authorizes commencement of civil recovery actions;
· Authorizes recovery of actual damages by whistleblowers;
· Establishes a criminal offense for knowingly failing to maintain required records, including misdemeanor and felony level penalties depending upon the intent and the amount involved.