CHAPTER 186
SB 139-FN – FINAL VERSION
03/09/11 0680s
2011 SESSION
05/01
SENATE BILL 139-FN
AN ACT relative to state recoveries of public assistance caused by fraud.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Gallus, Dist 1; Sen. Odell, Dist 8; Sen. Bradley, Dist 3; Sen. Larsen, Dist 15; Sen. Merrill, Dist 21
This bill clarifies the criteria for bringing an action as a “relator” under the Medicaid false claims act.
This bill is a request of the department of justice.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/09/11 0680s
11-1036
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to state recoveries of public assistance caused by fraud.
Be it Enacted by the Senate and House of Representatives in General Court convened:
186:1 Medicaid Fraud and False Claims; Actions by Attorney General and Private Persons. Amend RSA 167:61-c, II(a) to read as follows:
(a) An individual, hereafter referred to as “relator,” may bring a civil action for a violation of RSA 167:61-b, I on behalf of the relator and for the state. The action shall be brought in the name of the state against a defendant that (1) has its principal place of business within the state or (2) during the 12-month period immediately preceding the date the action is filed, received reimbursement from the Medicaid program of this state, as defined under RSA 167:63, V, equal to 10 percent or more of the defendant’s aggregate reimbursement from all state medical assistance programs governed by Title XIX of the Social Security Act. No court shall have jurisdiction over an action brought by a relator under this paragraph, and no award shall be paid under RSA 167:61-e, I or V, unless the action satisfies the requirements of this paragraph.
186:2 Effective Date. This act shall take effect upon its passage.
Approved: June 14, 2011
Effective Date: June 14, 2011