§ 5-11-5.7-7 — 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 information contained in specified documents

Indiana § 5-11-5.7-7

• 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) This section does not apply to an action
brought by:
(1) the attorney general;
(2) the inspector general;
(3) a prosecuting attorney; or
(4) a state employee in the employee's official capacity.
(b) A court does not have jurisdiction over an action brought under
section 4 of this chapter if the action is brought by an incarcerated
offender, including an offender incarcerated in another jurisdiction.
(c) A court does not have jurisdiction over an action brought under
section 4 of this chapter against the state, a state officer, a judge (as
defined in IC 33-23-11-7), a justice, a member of the general assembly,
a state employee, or an employee of a political subdivision, if the action
is based on information known to the state at the time the action was
brought.
(d) A court does not have jurisdiction over an action brought under
section 4 of this chapter if the action is based upon an act that is the
subject of a civil suit, a criminal prosecution, or an administrative
proceeding in which the state is a party.
(e) A court does not have jurisdiction over an action or claim
brought under section 4 of this chapter if the action or claim is based
upon information contained in:
(1) a transcript of a criminal, a civil, or an administrative hearing
in which the state or the state's agent is a party;
(2) a legislative, an administrative, or another public state report,
hearing, audit, or investigation; or
(3) a news media report;
unless the person bringing the action either, before a public disclosure
under this section voluntarily discloses to the state the information on
which the allegations or transactions in a claim are based, or has
knowledge that is independent of and materially adds to the publicly
disclosed allegations or transactions, and the person bringing the action
has voluntarily provided this information to the state before an action
is filed under section 4 of this chapter.
(f) In determining whether a prior public disclosure bars a court
from exercising jurisdiction over an action brought under section 4 of
this chapter, the court shall consider, but is not bound by, any objection
brought by the attorney general or the inspector general.

Legislative History

As added by P.L.197-2013, SEC.1. Amended by P.L.109-2014, SEC.8.