§ 5-11-5.7-6 — Entitlement for person who initially filed complaint; attorney's fees and costs; state not liable for expenses and costs

Indiana § 5-11-5.7-6

• 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) The person who initially filed the
complaint is entitled to the following amounts if the state prevails in
the action:
(1) Except as provided in subdivision (2), if the attorney general
or the inspector general intervened in the action, the person is
entitled to receive at least fifteen percent (15%) and not more than
twenty-five percent (25%) of the proceeds of the action or
settlement, plus reasonable attorney's fees and an amount to cover
the expenses and costs of bringing the action.
(2) If the attorney general or the inspector general intervened in
the action and the court finds that the evidence used to prosecute
the action consisted primarily of specific information, other than
information provided by the person bringing the action, contained
in:
(A) a transcript of a criminal, a civil, or an administrative
hearing;
(B) a legislative, an administrative, or another public state
report, hearing, audit, or investigation; or
(C) a news media report;
the person is entitled to receive not more than ten percent (10%)
of the proceeds of the action or settlement, taking into account the
significance of the information and the role of the person bringing
the action in advancing the case to litigation, plus reasonable
attorney's fees and an amount to cover the expenses and costs of
bringing the action.
(3) If the attorney general or the inspector general did not
intervene in the action, the person is entitled to receive at least
twenty-five percent (25%) and not more than thirty percent (30%)
of the proceeds of the action or settlement, plus reasonable
attorney's fees and an amount to cover the expenses and costs of
bringing the action.
(4) If the person who initially filed the complaint:
(A) planned and initiated the violation of section 2 of this
chapter; or
(B) has been convicted of a crime related to the person's
violation of section 2 of this chapter;
the person is not entitled to an amount under this section.
After conducting a hearing at which the attorney general or the
inspector general and the person who initially filed the complaint may
be heard, the court shall determine the specific amount to be awarded
under this section to the person who initially filed the complaint. The
award of reasonable attorney's fees plus an amount to cover the
expenses and costs of bringing the action is an additional cost assessed
against the defendant and may not be paid from the proceeds of the
civil action.
(b) If:
(1) the attorney general or the inspector general did not intervene
in the action; and
(2) the defendant prevails;
the court may award the defendant reasonable attorney's fees plus an
amount to cover the expenses and costs of defending the action, if the
court finds that the action is frivolous, vexatious, or brought primarily
for purposes of harassment.
(c) The state is not liable for the expenses, costs, or attorney's fees
of a party to an action brought under this chapter.

Legislative History

As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.7.