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IC 5-11-5.7 – Medicaid False Claims and Whistleblower Protection | Midpage
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Indiana Code
Title 5
11
Chapter 5.7
IC 5-11-5.7
Medicaid False Claims and Whistleblower Protection
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Application; definitions
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Liability for presenting, making, or using false claims, false records or statements, conspiracy
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Concurrent jurisdiction to investigate; civil action; certification of findings; intervention; disqualification
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Civil action for violations on behalf of a person or the state; requirements; dismissal of claim; serving of complaint; extensions of time; intervention
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Attorney general and inspector general responsibilities in intervention; dismissal of action; settlement of action; limitations
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Entitlement for person who initially filed complaint; attorney's fees and costs; state not liable for expenses and costs
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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 informa
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Entitled relief for employees, contractors, or agents; three year limitation
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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
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Issuance of civil investigative demand concerning documents and information; requirements
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Civil investigative demand include description of conduct constituting violation involving a false claim; requirements; return; date for oral testimony requirements
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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
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Service of investigative demand
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Production of documentary material, interrogatories, and examinations in accordance with rules of civil procedure
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Issuer of civil investigative demand as custodian; transmittal and possession of documents; copies; restricted availability of documents; return of materials
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Sanctions for failure to comply; protective order
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Confidentiality of material and information
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Proceedings governed by Indiana Rules of Trial Procedure