§ 5-11-5.7-5 — Attorney general and inspector general responsibilities in intervention; dismissal of action; settlement of action; limitations

Indiana § 5-11-5.7-5

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 11: ACCOUNTING FOR PUBLIC FUNDS
• Ch. 5.7: Medicaid False Claims and Whistleblower Protection

Text

(a) If the attorney general or the inspector
general intervenes in an action under section 4 of this chapter, the
attorney general or the inspector general is responsible for prosecuting
the action and is not bound by an act of the person who initially filed
the complaint. The attorney general or the inspector general may do the
following:
(1) File a complaint.
(2) Amend the complaint of a person who has brought an action
under section 4 of this chapter, to:
(A) clarify or add detail to the claims in which the state is
intervening; or
(B) add additional claims to which the state contends the state
is entitled to relief.
(3) Move for a change of venue to Marion County if the attorney
general or the inspector general files a motion for change of venue
not later than ten (10) days after the attorney general or the
inspector general intervenes.
For statute of limitation purposes, a pleading filed by the attorney
general or the inspector general relates back to the filing date of the
complaint of the person who originally brought the action, to the extent
that the claim of the state arises out of the conduct, transactions, or
occurrences set forth, or attempted to be set forth, in the original filed
complaint. Except as provided in this section, the person who initially
filed the complaint may continue as a party to the action.
(b) With the approval of the court, the attorney general or the
inspector general may dismiss the action after:
(1) notifying the person who initially filed the complaint; and
(2) the court has conducted a hearing at which the person who
initially filed the complaint was provided the opportunity to be
heard on the motion.
The court may consider a request by the attorney general or the
inspector general to dismiss the action but is not bound by the request.
Additionally, the court may permit the attorney general or inspector
general to withdraw his or her appearance in the case and may permit
the person who initially filed the complaint to continue to prosecute the
action in the name of the state.
(c) The attorney general or the inspector general may settle the
action if a court determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable in light of the
circumstances. Upon a showing of good cause, the court may:
(1) conduct the settlement hearing in camera; or
(2) lift all or part of the seal to facilitate the investigative process
or settlement.
The court may consider an objection to the settlement brought by the
person who initially filed the complaint, but is not bound by this
objection.
(d) Upon a showing by the attorney general, the inspector general,
or the defendant that unrestricted participation by the person who
initially filed the complaint:
(1) will interfere with or unduly delay the prosecution of the case
by the attorney general or the inspector general;
(2) will involve the presentation of repetitious or irrelevant
evidence, or evidence introduced for purposes of harassment; or
(3) will cause the defendant to suffer undue burden or
unnecessary expense;
the court may impose reasonable limitations on the person's
participation, including a limit on the number of witnesses that the
person may call, a limit to the length of testimony that the person's
witness may present, a limit to the person's cross-examination of a
witness, or otherwise limit the participation by the person in the
litigation.
(e) If the attorney general or the inspector general elects not to
intervene in the action, the person who initially filed the complaint has
the right to prosecute the action. Upon request, the attorney general or
the inspector general shall be served with copies of all documents filed
in the action and may obtain a copy of depositions and other transcripts
at the state's expense.
(f) If the attorney general and the inspector general have elected not
to intervene in an action in accordance with section 4 of this chapter,
upon a showing of good cause, a court may permit either the attorney
general or the inspector general to intervene at a later time. The
attorney general may move to intervene at any time. If the attorney
general has not moved to intervene, the inspector general may move to
intervene by providing written notice to the attorney general of the
inspector general's intent to intervene. If the attorney general does not
move to intervene earlier than fifteen (15) days after receipt of the
notice of intent to intervene, the inspector general may move to
intervene. If the attorney general or the inspector general intervenes
under this subsection, the attorney general or the inspector general is
responsible for prosecuting the action as if the attorney general or the
inspector general had intervened in accordance with section 4 of this
chapter.
(g) If the attorney general or inspector general shows that a specific
discovery action by the person who initially filed the complaint will
interfere with the investigation or prosecution of a civil or criminal
matter arising out of the same facts, the court may, following a hearing
in camera, stay discovery for not more than sixty (60) days. After the
court has granted a sixty (60) day stay, the court may extend the stay,
following a hearing in camera, if it determines that the state has
pursued the civil or criminal investigation with reasonable diligence
and that a specific discovery action by the person who initially filed the
complaint will interfere with the state's investigation or prosecution of
the civil or criminal matter.
(h) A court may dismiss an action brought under this chapter to
permit the attorney general or the inspector general to pursue its claim
through an alternative proceeding, including an administrative
proceeding or a proceeding brought in another jurisdiction. The person
who initially filed the complaint has the same rights in the alternative
proceedings as the person would have had in the original proceedings.
A finding of fact or conclusion of law made in the alternative
proceeding is binding on all parties to an action under this section once
the determination made in the alternative proceeding is final under the
rules, regulations, statutes, or law governing the alternative proceeding,
or if the time for seeking an appeal or review of the determination
made in the alternative proceeding has elapsed.

Legislative History

As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.6.