Title 5, TITLE 5. STATE AND LOCAL ADMINISTRATION
355 chapters · 3,747 sections in this title.
Ind. Code § 5-11-5.7-1 Application; definitions
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Sec. 1. (a) This chapter applies only to claims, requests, demands, statements, records, acts, and omissions made or submitted in relation to the Medicaid program described in IC 12-15. Sections 3 through 18 of this chapter apply to claims, requests, demands, statements, records,…
Ind. Code § 5-11-5.7-10 Issuance of civil investigative demand concerning documents
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and information; requirements Sec. 10. (a) Whenever the attorney general, the inspector general, or the designee of the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material, electronically …
Ind. Code § 5-11-5.7-11 Civil investigative demand include description of conduct
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constituting violation involving a false claim; requirements; return; date for oral testimony requirements Sec. 11. (a) A civil investigative demand issued under this chapter must describe the conduct constituting a violation involving a false claim that is under investigation an…
Ind. Code § 5-11-5.7-12 Demand limitations if disclosure is protected; civil investigative
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demand supersedes contrary orders, rules, provisions that prevent or restrict disclosure; does not constitute waiver of a right or privilege Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submiss…
Ind. Code § 5-11-5.7-13 Service of investigative demand
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Sec. 13. (a) A civil investigative demand issued under this chapter may be served by an investigator or by any other person authorized to serve process. (b) A civil investigative demand shall be served in accordance with the rules of trial procedure. A court having jurisdiction o…
Ind. Code § 5-11-5.7-14 Production of documentary material, interrogatories, and
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examinations in accordance with rules of civil procedure Sec. 14. (a) The production of documentary material in response to a civil investigative demand served under this chapter shall be made in accordance with the rules of civil procedure concerning the production of documents,…
Ind. Code § 5-11-5.7-15 Issuer of civil investigative demand as custodian; transmittal
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and possession of documents; copies; restricted availability of documents; return of materials Sec. 15. (a) The official who issued the civil investigative demand is the custodian of the documentary material, answers to interrogatories, and transcripts of oral testimony received …
Ind. Code § 5-11-5.7-16 Sanctions for failure to comply; protective order
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Sec. 16. (a) A person who has failed to comply with a civil investigative demand is subject to sanctions under the rules of civil procedure to the same extent as a person who has failed to cooperate in discovery. (b) A person who objects to a civil investigative demand issued und…
Ind. Code § 5-11-5.7-17 Confidentiality of material and information
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Sec. 17. Documentary material, answers to written interrogatories, or oral testimony provided in response to a civil investigative demand issued under this chapter is confidential. As added by P.L.197-2013, SEC.1.
Ind. Code § 5-11-5.7-18 Proceedings governed by Indiana Rules of Trial Procedure
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Sec. 18. Proceedings under this chapter are governed by the Indiana Rules of Trial Procedure if the proceedings are held in state court, and by the Federal Rules of Civil Procedure if the proceedings are held in federal court. As added by P.L.197-2013, SEC.1. Amended by P.L.109-2…
Ind. Code § 5-11-5.7-2 Liability for presenting, making, or using false claims, false
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records or statements, conspiracy Sec. 2. (a) A person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement that is material to a false or …
Ind. Code § 5-11-5.7-3 Concurrent jurisdiction to investigate; civil action;
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certification of findings; intervention; disqualification Sec. 3. (a) The: (1) attorney general; and (2) inspector general; have concurrent jurisdiction to investigate a violation of section 2 of this chapter. (b) If the attorney general discovers a violation of section 2 of this…
Ind. Code § 5-11-5.7-4 Civil action for violations on behalf of a person or the state;
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requirements; dismissal of claim; serving of complaint; extensions of time; intervention Sec. 4. (a) A person may bring a civil action for a violation of section 2 of this chapter on behalf of the person and on behalf of the state. The action: (1) must be brought in the name of t…
Ind. Code § 5-11-5.7-5 Attorney general and inspector general responsibilities in
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intervention; dismissal of action; settlement of action; limitations Sec. 5. (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 i…
Ind. Code § 5-11-5.7-6 Entitlement for person who initially filed complaint; attorney's
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fees and costs; state not liable for expenses and costs Sec. 6. (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 i…
Ind. Code § 5-11-5.7-7 No court jurisdiction for actions brought by incarcerated
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offenders, actions brought against certain officeholders, actions subject to civil suit or criminal prosecution, or actions based on information contained in specified documents Sec. 7. (a) This section does not apply to an action brought by: (1) the attorney general; (2) the ins…
Ind. Code § 5-11-5.7-8 Entitled relief for employees, contractors, or agents; three year
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limitation Sec. 8. (a) An employee, contractor, or agent who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated o…
Ind. Code § 5-11-5.7-9 Subpoena; barring of civil action timing; establishment of
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elements of offense and damages by preponderance of the evidence; estoppel if conviction of crime involving fraud or false statements Sec. 9. (a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under this chapter may be served at any place in Indi…