Title 5, STATE AND LOCAL ADMINISTRATION

Sec. 10. (a) If the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material or information relevant to an investigation involving a false claim, the attorney general or the inspector general m…

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 and the statute or rule that has been violated. (b) If a civil investigative demand is for the production of …

Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be protected …

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…

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 Trial Rule 34. (b) Each interrogatory in a civil investigative demand served under this chapter shall be answered in accordan…

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 under this chapter. (b) An investigator who receives documentary material, answers to interroga…

Sec. 16. (a) A person who has failed to comply with a civil investigative demand is subject to sanctions under Trial Rule 37 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 under this chapter…

Sec. 17. Documentary material, answers to written interrogatories, or oral testimony provided in response to a civil investigative demand issued under this chapter are confidential. As added by P.L.222-2005, SEC.23.

Sec. 18. Proceedings under this chapter are governed by the Indiana Rules of Trial Procedure, unless the Indiana Rules of Trial Procedure are inconsistent with this chapter. As added by P.L.222-2005, SEC.23.

Sec. 2. (a) This section does not apply to: (1) a claim, record, or statement concerning income tax (IC 6-3); or (2) a claim, request, demand, statement, record, act, or omission made or submitted after June 30, 2014, in relation to the Medicaid program described in IC 12-15. (b)…

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 chapter, the attorney general may bring a civil action un…

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 the state; and (2) may be filed in a circuit or superior court in: (A) the county in which…

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 is not bound by an act of the person who initially filed the complaint…

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 intervened in the action, the person is entitled to recei…

Sec. 7. (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 secti…

Sec. 8. (a) An employee who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment by the employee's employer because the employee: (1) objected to an act or omission described in section 2 of th…

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 the state. (b) A civil action under section 4 of this chapter is barred unless it is commenced: (1) not later than six (6) years after the…

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.133-2007 apply only to public works contracts entered into after June 30, 2007. As added by P.L.220-2011, SEC.98.

Sec. 1. As used in this chapter: "State agency" means the state of Indiana or any commission or agency created by law. "Agent" shall include any board, commission, trustee, officer or agent which acts on behalf of a state agency. "Public building", "public work" and "public impro…

Sec. 2. To the extent that this chapter is applicable, all contracts between a contractor and a state agency concerning any public building, work, or improvement entered into after May 1, 1972, and which contracts are in excess of two hundred thousand dollars ($200,000) are to be…

Sec. 3. Any state agency which enters into a contract for any public building, work or improvement, and any contractor subcontracting portions of such contract, which contracts contain provision for retainage shall include in their respective contracts a provision that at the tim…

Sec. 3.1. The treasurer of state may charge a reasonable fee for services that the treasurer renders in connection with the establishment and administration of escrow accounts. If the treasurer charges such fee, the treasurer shall prepare a fee schedule and make it available to …

Sec. 3.5. (a) To determine the amount of retainage to be withheld, a state agency shall elect one (1) of the following options: (1) Withhold no more than six percent (6%) of the dollar value of all work satisfactorily completed until the public work is fifty percent (50%) complet…

Sec. 4. (a) This section does not apply to a contract entered into by a state educational institution if: (1) the amount to be paid under the contract is less than five hundred thousand dollars ($500,000); and (2) the state educational institution agrees to waive the requirement.…

Sec. 5. Within ten (10) days of the receipt of any payment by the state agency or escrow agent, the contractor or escrow agent shall pay all subcontractors with whom he has contracted their share of the payment the contractor received based upon the service performed by the subco…

Sec. 6. The contractor shall be paid in full including all escrowed principal and escrowed income by the state agency and escrow agent within sixty-one (61) days following the date of substantial completion, subject to IC 5-16-5. If at that time there are any remaining uncomplete…

Sec. 7. All suits must be brought against a surety on a bond required by this chapter within one (1) year after the completion of the work or service in question. Formerly: Acts 1972, P.L.44, SEC.1.

Sec. 8. This chapter shall not be construed as conflicting with any other laws for the protection of labor, subcontractors or materialmen, but is supplemental thereto. Formerly: Acts 1972, P.L.44, SEC.1.

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,…

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 stored information, a tangible…

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 and the statute or rule that has been violated. (b) If a civil investigative demand is for the production of …

Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be protected …

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…

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, electronically stored information, and tangible things. …

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 under this chapter. (b) An investigator who receives documentary material, answers to interroga…

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…

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.

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…

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 fraudulent claim; (3) has possessi…

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 chapter, the attorney general may bring a civil action un…

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 the state; and (2) may be filed in any court with jurisdiction. (b) An action brought unde…

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 is not bound by an act of the person who initially filed the complaint…

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 intervened in the action, the person is entitled to recei…

Sec. 7. (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 secti…

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 others to: (…

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 Indiana. (b) A civil action under section 4 of this chapter is barred unless it is commenced: (1) not later than six (6) years after the d…