§ 46:438.8 — Burden of proof; prima facie evidence; standard of review

Louisiana § 46:438.8

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

§438.8. Burden of proof; prima facie evidence; standard of review
A. The burden of proof in an action instituted pursuant to this Part shall be on the
medical assistance programs and by a preponderance of the evidence, except that the
defendant shall carry the burden of proving that goods, services, or supplies were actually
provided to an eligible recipient in the quantity and quality submitted on a claim. In all other
aspects, the burden of proof shall be as set forth in the Code of Civil Procedure and other
applicable laws.
B. Proof by a preponderance of the evidence of a false or fraudulent claim or illegal
remuneration shall be deemed to exist under the following circumstances:
(1) If the defendant has pled guilty to, been convicted of, or entered a nolo
contendere plea to a criminal charge in any federal or state court to charges arising out of the
same circumstances as would be a violation of this Subpart.
(2) If an order has been rendered against a defendant finding the defendant to have
violated this Subpart.
(3) Notwithstanding any other provision of law, rules of criminal procedure, or the
rules of evidence to the contrary, a final judgment rendered in favor of the state in any
criminal proceeding charging fraud or false statements, whether upon a verdict after trial or
upon a plea of guilty or nolo contendere, shall prevent the defendant from denying the
essential elements of the offense in any action involving the same transaction as in the
criminal proceeding and brought by the secretary or attorney general pursuant to this Subpart
or a qui tam action pursuant to Subpart C of this Part.
C.(1) The submission of a certified or true copy of an order, civil judgment, or
criminal conviction or plea shall be prima facie evidence of the same.
(2) The submission of the bill of information or of the indictment and the minutes
of the court shall be prima facie evidence as to the circumstances underlying a criminal
conviction or plea.
D.(1) In determining whether a pattern of incorrect submissions exists in regard to
an alleged false or fraudulent claim, the court shall give consideration as to whether the total
amount of the incorrect submissions by a health care provider is material in relation to the
total claims submitted by the health care provider.
(2) Repealed by Acts 2025, No. 206, §2.

Legislative History

Acts 1997, No. 1373, §1; Acts 2025, No. 206, §§1, 2.