2023 Indiana Code › Title 5. State and Local Administration › Article 11. Accounting for Public Funds › Chapter 5.7. Medicaid False Claims and Whistleblower Protection › 5-11-5.7-1. Application; Definitions

Sec. 1. (a) This chapter applies only to claims, requests, demands, statements, records, acts, and omissions made or submitted in relation to the Medicaid program described in IC 12-15. Sections 3 through 18 of this chapter apply to claims, requests, demands, statements, records, acts, and omissions made or submitted in relation to the Medicaid program described in IC 12-15 in violation of IC 5-11-5.5-2 or IC 5-11-5.7-2.
(b) The following definitions apply throughout this chapter:
(1) "Claim" means a request or demand for money or property, whether under a contract or otherwise, and whether or not the state has title to the money or property, that:
(A) is presented to an officer, employee, or agent of the state; or
(B) is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's behalf or to advance a state program or interest, and if the state:
(i) provides or has provided any part of the money or property that is requested or demanded; or
(ii) will reimburse the contractor, grantee, or other recipient for any part of the money or property that is requested or demanded.
(2) "Document", "electronically stored information", or "tangible thing" includes:
(A) a writing, a drawing, a graph, a chart, a photograph, a sound recording, or an image;
(B) other data or a data compilation stored in any medium from which information can be obtained either directly or after translation by the responding party into a reasonably usable form;
(C) any tangible thing; and
(D) a product of discovery.
(3) "Investigation" means an inquiry conducted by an investigator to ascertain whether a person is or has been engaged in a violation of this chapter.
(4) "Knowing", "knowingly", or "known" means that a person, regarding information:
(A) has actual knowledge of the information;
(B) acts in deliberate ignorance of the truth or falsity of the information; or
(C) acts in reckless disregard of the truth or falsity of the information;
and requires no proof of specific intent to defraud.
(5) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.
(6) "Obligation" means an established duty, whether or not the duty is fixed, arising from:
(A) an express or implied contractual relationship;
(B) a grantor-grantee relationship;
(C) a licensor-licensee relationship;
(D) a fee-based or similar relationship;
(E) a statute;
(F) a rule or regulation; or
(G) the retention of an overpayment.
(7) "Person" includes a natural person, a corporation, a firm, an association, an organization, a partnership, a limited liability company, a business, or a trust.
(8) "Product of discovery" means the original or duplicate of:
(A) a deposition;
(B) an interrogatory;
(C) a document;
(D) a thing;
(E) a result of the inspection of land or other property; or
(F) an examination or admission;
that is obtained by any method of discovery in a judicial or an administrative proceeding of an adversarial nature. The term includes a digest, an analysis, a selection, a compilation, a derivation, an index, or another method of accessing an item listed in this subdivision. The term also includes electronically stored information.
(9) "State" means Indiana or any agency of state government. The term does not include a political subdivision.
As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.2.