Ark. Code § 20-77-911

Current with legislation from the 2023 Regular and First Extraordinary Sessions.
Section 20-77-911 - Persons providing information regarding false Medicaid claims - Rewards
(a) The court is authorized to pay a person sums, not exceeding ten percent (10%) of the aggregate collected civil penalty recovered, as it may deem just, for information the person may have provided that led to the detecting of false claims under this subchapter.
(b) Upon disposition of any civil action relating to violations of this subchapter in which a civil penalty is recovered, the Attorney General may petition the court on behalf of a person who may have provided information that led to the detecting of false claims and the recovery of restitution and a civil penalty damages assessment to reward the person in an amount commensurate with the quality of information determined by the court to have been provided, in accordance with the requirements of this subchapter.
(c)
(1) If the Attorney General elects not to petition the court on behalf of the person, the person may petition the court on his or her own behalf.
(2) Neither the state nor any defendant within the action shall be liable for expenses that a person incurs in bringing an action under this section.
(d) An employee or a fiscal agent charged with the duty of referring or investigating cases of Medicaid fraud who is employed by or who contracts with any governmental entity shall not be eligible to receive a reward under this section.
(e) The Attorney General may agree to a payment of up to ten percent (10%) of the civil penalty as a reward in any settlement agreement under this section.
(f) A portion of restitution shall not be used as a reward.
(g)
(1) The General Assembly finds that:
(A) Medicaid is a joint federal and state program, with each claim normally involving both state and federal funds;
(B) The United States Congress has granted jurisdiction to federal district courts over any action brought under the laws of any state for the recovery of funds paid by a state or local government if the action arises from the same transaction or occurrence as an action brought under 31 U.S.C. § 3730;
(C) The General Assembly does not intend to grant a general right of action to private parties in state or federal court; and
(D) As federal law has granted federal courts with jurisdiction to hear claims involving state funds associated with the Arkansas Medicaid Program, the Attorney General shall be given notice and the opportunity to intervene or to otherwise protect the interest of this state.
(2)
(A) Any party bringing a claim in federal court to recover state funds or pursuant to an assertion of a state claim under state law shall serve the Attorney General through the Medicaid Fraud Control Unit with any complaint, any other pleadings, and the written disclosure of all material evidence and information possessed by the person bringing the action.
(B) The complaint, pleadings, and disclosed information shall be filed under seal pursuant to federal law and shall remain under seal until the seal is lifted in accordance with federal law.
(3)
(A) The Attorney General may investigate the claim and, if appropriate, intervene or otherwise litigate and pursue any claim brought in any litigation in federal court to recover state funds associated with claims paid by the Arkansas Medicaid Program in actions brought under the federal False Claims Act, 31 U.S.C. § 3729 et seq.
(B) The Attorney General may also seek related damages, civil penalties, and costs, and to litigate or settle said claims as permitted or required under state and federal law.
(4)
(A) If the state is properly served and given notice as required in this subsection by a party bringing an action under the federal False Claims Act to recover state funds, the Attorney General may pay the reward authorized under federal law from collected penalties.
(B) However, under no circumstances may any reward be paid from the state funds owed to the Arkansas Medicaid Program.

Ark. Code § 20-77-911

Amended by Act 2021, No. 616,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 916,§ 13, eff. 7/24/2019.
Amended by Act 2013, No. 1132,§ 50, eff. 8/16/2013.
Acts 1993, No. 1299, § 11; 2011, No. 1154, § 1.