Oklahoma § 63-5053.2 - Civil actions by Attorney General or individual persons

§ 63-5053.2. Civil actions by Attorney General or individual persons

authorized - Complaint procedure.

A. The Attorney General shall diligently investigate a

violation under the Oklahoma Medicaid False Claims Act. If the

Attorney General finds that a person has violated or is violating

the Oklahoma Medicaid False Claims Act, the Attorney General may

bring a civil action under this section against the person.

B. 1. A person may bring a civil action for a violation of the

Oklahoma Medicaid False Claims Act for the person and for this

state. The action shall be brought in the name of the state. The

action may be dismissed only if the court and the Attorney General

give written consent to the dismissal and state the reasons for

consenting.

2. A copy of the complaint and written disclosure of

substantially all material evidence and information the person

possesses shall be served on the state pursuant to Section 2004 of

Title 12 of the Oklahoma Statutes. The complaint shall be filed in

camera, shall remain under seal for at least sixty (60) days, and

shall not be served on the defendant until the court so orders. The

state may elect to intervene and proceed with the action within

sixty (60) days after it receives both the complaint and the

material evidence and information.

3. The state may, for good cause shown, move the court for

extensions of the time during which the complaint remains under seal

under paragraph 2 of this subsection. Any such motions may be

supported by affidavits or other submissions in camera. The

Oklahoma Statutes - Title 63. Public Health and Safety

defendant shall not be required to respond to any complaint filed

under this section until twenty (20) days after the complaint is

unsealed and served upon the defendant pursuant to Section 2004 of

Title 12 of the Oklahoma Statutes.

4. Before the expiration of the sixty-day period or any

extensions obtained under paragraph 3 of this subsection, the state

shall:

a.

proceed with the action, in which case the action

shall be conducted by the state, or

b.

notify the court that it declines to take over the

action, in which case the person bringing the action

shall have the right to conduct the action.

5. When a person brings an action under this section, no person

other than the state may intervene or bring a related action based

on the facts underlying the pending action.

Added by Laws 2007, c. 137, § 3, eff. Nov. 1, 2007. Amended by Laws

2016, c. 44, § 2, eff. Nov. 1, 2016.