42 USC 1396h - State false claims act requirements for increased State share of recoveries

U.S Code last checked for updates: Nov 22, 2024

§ 1396h.

State false claims act requirements for increased State share of recoveries

(a)

In general

(b)

Requirements

For purposes of subsection (a), the requirements of this subsection are that the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, determines that the State has in effect a law that meets the following requirements:

(1)

The law establishes liability to the State for false or fraudulent claims described in section 3729 of title 31 with respect to any expenditure described in section 1396b(a) of this title.

(2)

The law contains provisions that are at least as effective in rewarding and facilitating qui tam actions for false or fraudulent claims as those described in sections 3730 through 3732 of title 31.

(3)

The law contains a requirement for filing an action under seal for 60 days with review by the State Attorney General.

(4)

The law contains a civil penalty that is not less than the amount of the civil penalty authorized under section 3729 of title 31.

(c)

Deemed compliance

(d)

No preclusion of broader laws

(Aug. 14, 1935, ch. 531, title XIX, § 1909, as added Pub. L. 109–171, title VI, § 6031(a), Feb. 8, 2006, 120 Stat. 72.)

cite as: 42 USC 1396h