reglab/housing_qa huggingface dataset:
IN Code § 5-11-5.7-2 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-2. Liability for Presenting, Making, or Using False Claims, False Records or Statements, Conspiracy

Sec. 2. (a) A person who:(1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;(2) knowingly makes, uses, or causes to be made or used, a false record or statement that is material to a false or fraudulent claim;(3) has possession, custody, or control of property or money used, or to be used, by the state, and knowingly delivers, or causes to be delivered, less than all of the money or property;(4) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the state and, with intent to defraud the state, authorizes issuance of a receipt without knowing that the information on the receipt is true;(5) knowingly buys or receives, as a pledge of an obligation or debt, public property from an employee who is not lawfully authorized to sell or pledge the property;(6) knowingly:(A) makes, uses, or causes to be made or used, a false record or statement concerning an obligation to pay or transmit money or property to the state; or(B) conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the state;(7) conspires with another person to perform an act described in subdivisions (1) through (6); or(8) causes or induces another person to perform an act described in subdivisions (1) through (6);is, except as provided in subsection (b), liable to the state for a civil penalty of at least five thousand five hundred dollars ($5,500) and not more than eleven thousand dollars ($11,000), as adjusted by the federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note, Public Law 101-410), and for up to three (3) times the amount of damages sustained by the state. In addition, a person who violates this section is liable to the state for the costs of a civil action brought to recover a penalty or damages.(b) If the factfinder determines that the person who violated this section:(1) furnished state officials with all information known to the person about the violation not later than thirty (30) days after the date on which the person obtained the information;(2) fully cooperated with the investigation of the violation; and(3) did not have knowledge of the existence of an investigation, a criminal prosecution, a civil action, or an administrative action concerning the violation at the time the person provided information to state officials;the person is liable for a penalty of not less than two (2) times the amount of damages that the state sustained because of the violation. A person who violates this section is also liable to the state for the costs of a civil action brought to recover a penalty or damages.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.3.
IN Code § 5-11-5.7-3 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-3. Concurrent Jurisdiction to Investigate; Civil Action; Certification of Findings; Intervention; Disqualification

Sec. 3. (a) The:(1) attorney general; and(2) inspector general;have concurrent jurisdiction to investigate a violation of section 2 of this chapter.(b) If the attorney general discovers a violation of section 2 of this chapter, the attorney general may bring a civil action under this chapter against a person who may be liable for the violation.(c) If the inspector general discovers a violation of section 2 of this chapter, the inspector general shall certify this finding to the attorney general. The attorney general may bring a civil action under this chapter against a person who may be liable for the violation.(d) If the attorney general or the inspector general is served by a person who has filed a civil action under section 4 of this chapter, the attorney general has the authority to intervene in that action as set forth in section 4 of this chapter.(e) If the attorney general:(1) is disqualified from investigating a possible violation of section 2 of this chapter;(2) is disqualified from bringing a civil action concerning a possible violation of section 2 of this chapter;(3) is disqualified from intervening in a civil action brought under section 4 of this chapter concerning a possible violation of section 2 of this chapter;(4) elects not to bring a civil action concerning a possible violation of section 2 of this chapter; or(5) elects not to intervene under section 4 of this chapter;the attorney general shall certify the attorney general's disqualification or election to the inspector general.(f) If the attorney general has certified the attorney general's disqualification or election not to bring a civil action or intervene in a case under subsection (e), the inspector general has authority to:(1) bring a civil action concerning a possible violation of section 2 of this chapter; or(2) intervene in a case under section 4 of this chapter.(g) The attorney general shall certify to the inspector general the attorney general's disqualification or election under subsection (e) in a timely fashion, and in any event not later than:(1) sixty (60) days after being served, if the attorney general has been served by a person who has filed a civil action under section 4 of this chapter; or(2) one hundred eighty (180) days before the expiration of the statute of limitations, if the attorney general has not been served by a person who has filed a civil action under section 4 of this chapter.(h) The state is not required to file a bond under this chapter.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.4.
IN Code § 5-11-5.7-4 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-4. Civil Action for Violations on Behalf of a Person or the State; Requirements; Dismissal of Claim; Serving of Complaint; Extensions of Time; Intervention

Sec. 4. (a) A person may bring a civil action for a violation of section 2 of this chapter on behalf of the person and on behalf of the state. The action:(1) must be brought in the name of the state; and(2) may be filed in any court with jurisdiction.(b) An action brought under this section may be dismissed voluntarily by the person bringing the action only if:(1) the person obtains the prior written consent of the attorney general or the inspector general, if applicable; and(2) the court issues an order:(A) granting the motion; and(B) explaining the court's reasons for granting the motion.(c) A person who brings an action under this section shall serve:(1) a copy of the complaint; and(2) a written disclosure that describes all relevant material evidence and information the person possesses;on both the attorney general and the inspector general. The person shall file the complaint under seal, and the complaint shall remain under seal for at least sixty (60) days. The complaint shall not be served on the defendant until the court orders the complaint served on the defendant following the intervention or the election not to intervene of the attorney general or the inspector general. The state may elect to intervene and proceed with the action not later than sixty (60) days after it receives both the complaint and the written disclosure.(d) For good cause shown, the attorney general or the inspector general may move the court to extend the time during which the complaint must remain under seal. A motion for extension may be supported by an affidavit or other evidence. The affidavit or other evidence may be submitted in camera.(e) Before the expiration of the time during which the complaint is sealed, the attorney general or the inspector general may:(1) intervene in the case and proceed with the action, in which case the attorney general or the inspector general shall conduct the action; or(2) elect not to proceed with the action, in which case the person who initially filed the complaint may proceed with the action.(f) The defendant in an action filed under this section is not required to answer the complaint until twenty-one (21) days after the complaint has been unsealed and served on the defendant.(g) After a person has filed a complaint under this section, no person other than the attorney general or the inspector general may:(1) intervene; or(2) bring another action based on the same facts.(h) If the person who initially filed the complaint:(1) planned and initiated the violation of section 2 of this chapter; or(2) has been convicted of a crime related to the person's violation of section 2 of this chapter;upon motion of the attorney general or the inspector general, the court shall dismiss the person as a plaintiff.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.5.
IN Code § 5-11-5.7-7 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-7. 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.
IN Code § 5-11-5.7-8 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-8. Entitled Relief for Employees, Contractors, or Agents; Three Year Limitation

Sec. 8. (a) An employee, contractor, or agent who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others to:(1) object to or otherwise stop an act or omission described in section 2 of this chapter;(2) initiate, testify, assist, or participate in an investigation, an action, or a hearing; or(3) perform any other lawful act in furtherance of other efforts to stop one (1) or more violations under this chapter;is entitled to all relief necessary to make the employee, contractor, or agent whole.(b) Relief under this section must include:(1) reinstatement with the same seniority status the employee, contractor, or agent would have had but for the act described in subsection (a);(2) two (2) times the amount of back pay;(3) interest on the back pay; and(4) compensation for any special damages sustained as a result of the act described in subsection (a), including costs and expenses of litigation and reasonable attorney's fees.(c) An employee, contractor, or agent may bring an action for the relief provided in this section in any court with jurisdiction.(d) A civil action under this section may not be brought more than three (3) years after the date the retaliation occurred.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.9.
IN Code § 5-11-5.7-9 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-9. 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

Sec. 9. (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in Indiana.(b) A civil action under section 4 of this chapter is barred unless it is commenced:(1) not later than six (6) years after the date on which the violation is committed; or(2) not later than three (3) years after the date when facts material to the cause of action are known or reasonably should have been known by a state officer or employee who is responsible for addressing the false claim, but in no event later than ten (10) years after the date on which the violation is committed, whichever occurs later.(c) In a civil action brought under this chapter, the state is required to establish:(1) the essential elements of the offense; and(2) damages;by a preponderance of the evidence.(d) If a defendant has been convicted (including a plea of guilty or nolo contendere) of a crime involving fraud or a false statement, the defendant is estopped from denying the elements of the offense in a civil action brought under section 4 of this chapter that involves the same transaction as the criminal prosecution.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.10.
IN Code § 5-11-5.7-10 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-10. Issuance of Civil Investigative Demand Concerning Documents and Information; Requirements

Sec. 10. (a) Whenever the attorney general, the inspector general, or the designee of the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material, electronically stored information, a tangible thing, or information relevant to an investigation under this chapter involving a false claim, the attorney general, the inspector general, or the designee of the attorney general or inspector general may, before commencing a civil proceeding under this chapter, issue and serve a civil investigative demand requiring the person to do one (1) or more of the following:(1) Produce the documentary material, electronically stored information, or tangible thing for inspection and copying.(2) Answer an interrogatory in writing concerning the documentary material, electronically stored information, tangible thing, or information.(3) Give oral testimony concerning the documentary material, electronically stored information, tangible thing, or information.(4) Furnish any combination of material, other evidence, answers, or testimony.(b) If a civil investigative demand is a specific demand for a product of discovery, the official issuing the civil investigative demand shall:(1) serve a copy of the civil investigative demand on the person from whom the discovery was obtained; and(2) notify the person to whom the civil investigative demand is issued of the date of service.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.11.
IN Code § 5-11-5.7-11 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-11. Civil Investigative Demand Include Description of Conduct Constituting Violation Involving a False Claim; Requirements; Return; Date for Oral Testimony Requirements

Sec. 11. (a) A civil investigative demand issued under this chapter must describe the conduct constituting a violation involving a false claim that is under investigation and the statute or rule that has been violated.(b) If a civil investigative demand is for the production of documentary material, the civil investigative demand must:(1) describe each class of documentary material to be produced with sufficient specificity to permit the material to be fairly identified;(2) prescribe a return date for each class of documentary material that provides a reasonable period of time to assemble and make the material available for inspection and copying; and(3) identify the official to whom the material must be made available.(c) If a civil investigative demand is for answers to written interrogatories, the civil investigative demand must:(1) set forth with specificity the written interrogatories to be answered;(2) prescribe the date by which answers to the written interrogatories must be submitted; and(3) identify the official to whom the answers must be submitted.(d) If a civil investigative demand requires oral testimony, the civil investigative demand must:(1) prescribe a date, time, and place at which oral testimony will be given;(2) identify the official who will conduct the examination and the custodian to whom the transcript of the examination will be submitted;(3) specifically state that attendance and testimony are necessary to the conduct of the investigation;(4) notify the person receiving the demand that the person has the right to be accompanied by an attorney and any other representative; and(5) describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry.(e) A civil investigative demand that is a specific demand for a product of discovery may not be returned until at least twenty-one (21) days after a copy of the civil investigative demand has been served on the person from whom the discovery was obtained.(f) The date prescribed for the giving of oral testimony under a civil investigative demand issued under this chapter must be a date that is not less than seven (7) days after the date on which the demand is received, unless the official issuing the demand determines that exceptional circumstances are present that require an earlier date.(g) The official who issues a civil investigative demand may not issue more than one (1) civil investigative demand for oral testimony by the same person, unless:(1) the person requests otherwise; or(2) the official who issues a civil investigative demand, after conducting an investigation, notifies the person in writing that an additional civil investigative demand for oral testimony is necessary.As added by P.L.197-2013, SEC.1.
IN Code § 5-11-5.7-12 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-12. 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

Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be protected from disclosure under the standards applicable:(1) to a subpoena or subpoena duces tecum issued by a court to aid in a grand jury investigation; or(2) to a discovery request under the rules of trial procedure;to the extent that the application of these standards to a civil investigative demand is consistent with the purposes of this chapter.(b) A civil investigative demand that is a specific demand for a product of discovery supersedes any contrary order, rule, or statutory provision, other than this section, that prevents or restricts disclosure of the product of discovery. Disclosure of a product of discovery under a specific demand does not constitute a waiver of a right or privilege that the person making the disclosure may be otherwise entitled to invoke to object to discovery of trial preparation materials.As added by P.L.197-2013, SEC.1.
IN Code § 5-11-5.7-13 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-13. Service of Investigative Demand

Sec. 13. (a) A civil investigative demand issued under this chapter may be served by an investigator or by any other person authorized to serve process.(b) A civil investigative demand shall be served in accordance with the rules of trial procedure. A court having jurisdiction over a person not located in Indiana has the same authority to enforce compliance with this chapter as the court has over a person located in Indiana.As added by P.L.197-2013, SEC.1.
IN Code § 5-11-5.7-14 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-14. Production of Documentary Material, Interrogatories, and Examinations in Accordance With Rules of Civil Procedure

Sec. 14. (a) The production of documentary material in response to a civil investigative demand served under this chapter shall be made in accordance with the rules of civil procedure concerning the production of documents, electronically stored information, and tangible things.(b) Each interrogatory in a civil investigative demand served under this chapter shall be answered in accordance with the rules of civil procedure concerning interrogatories.(c) The examination of a person under a civil investigative demand for oral testimony served under this chapter shall be conducted in accordance with the rules of civil procedure concerning oral depositions.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.12.
IN Code § 5-11-5.7-16 (2021)
2021 Indiana Code|Title 5. State and Local Administration|Article 11. Accounting for Public Funds|Chapter 5.7. Medicaid False Claims and Whistleblower Protection|5-11-5.7-16. Sanctions for Failure to Comply; Protective Order

Sec. 16. (a) A person who has failed to comply with a civil investigative demand is subject to sanctions under the rules of civil procedure to the same extent as a person who has failed to cooperate in discovery.(b) A person who objects to a civil investigative demand issued under this chapter may seek a protective order in accordance with the rules of civil procedure.As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.13.