HB 4 (BR 298) - G. Stumbo, D. Horlander, C. Miller, S. Riggs, T. Thompson, B. Yonts
AN ACT relating to the Kentucky False Claims Act.
Create new sections of KRS Chapter 15 to establish a False Claims Act with provisions that establish enhanced civil liability and penalties for committing fraud against the state; allow the Attorney General or private citizens to sue on behalf of the state to recover those amounts, with some of the proceeds of the action being distributed to the person successfully bringing the action; grant the Attorney General enhanced investigatory authority; provide an administrative sanctioning system for fraudulent Medicaid providers; provide civil protections for fraud whistleblowers.
HB 4 - AMENDMENTS
HCS - Amend various sections in the bill to provide that the definition of knowingly excludes negligence and inadvertent mistakes; allow liability to be triggered upon a person concealing, avoiding, or improperly decreasing an obligation to pay the Commonwealth; require that a false claims act civil complaint be accompanied by an AOC form to alert the clerks that special procedures are needed; provide that the first filed civil action takes priority over later filed actions; provide that damages awarded are redistributed such that the Commonwealth and the whistleblower are repaid simultaneously instead of the Commonwealth receiving payment first; provide that awards of expenses, attorney fees, and costs are expressly directed to be paid by a defendant; expand the anti-retaliation provisions to contractors and agents; provide uniformity for allowable civil penalties and recovery mechanisms among other similar statutes.
HFA (1, G. Stumbo) - Insert provision allowing court decisions under the federal false claims act to be used as an aid in construing the provisions of the Kentucky False Claims Act.
Jan 6-introduced in House
Jan 7-to Judiciary (H)
Feb 7-posted in committee
Feb 9-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 10-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 11, 2011
Feb 11-floor amendment (1) filed to Committee Substitute
Feb 14-3rd reading, passed 98-0 with Committee Substitute, floor amendment (1)
Feb 15-received in Senate
Feb 17-to Judiciary (S)
Feb 25-taken from Judiciary (S); 1st reading; returned to Judiciary (S)