Oklahoma § 63-5053.5 - Prohibition of certain individual actions - Dismissal Liability for expenses or fees - Relief following adverse acts Statute of limitations

§ 63-5053.5. Prohibition of certain individual actions - Dismissal Liability for expenses or fees - Relief following adverse acts Statute of limitations

A. In no event may a person bring an action under subsection B

of Section 5053.2 of this title which is based upon allegations or

transactions which are the subject of a civil suit or an

administrative civil money penalty proceeding in which the state is

already a party.

B. The court shall dismiss an action or claim under this

section, unless opposed by the state, if substantially the same

allegations or transactions as alleged in the action or claim were

publicly disclosed in a criminal, civil or administrative hearing,

in which the state or its agent is a party, in a legislative, or

State Auditor and Inspector report, hearing, audit or investigation,

or from the news media, unless the action is brought by the Attorney

General or the person bringing the action is an original source of

the information. For purposes of this subsection, "original source"

means an individual who either:

1. Prior to a public disclosure under subsection B of this

section, has voluntarily disclosed to the state the information on

which allegations or transactions in a claim are based; or

2. Has knowledge that is independent of and materially adds to

the publicly disclosed allegations or transactions, and who has

voluntarily provided the information to the state before filing an

action under the Oklahoma Medicaid False Claims Act.

C. The state is not liable for expenses which a person incurs

in bringing an action under this section.

D. In civil actions brought under this section by this state,

the provisions of Title 28 of the Oklahoma Statutes shall apply.

E. Any employee, contractor or agent shall be entitled to:

1. All relief necessary to make the employee, contractor or

agent whole, if the employee, contractor or agent is discharged,

demoted, suspended, threatened, harassed, or in any other manner

discriminated against in the terms and conditions of employment

because of lawful acts done by the employee, contractor, agent or

Oklahoma Statutes - Title 63. Public Health and Safety

associated others in furtherance of an action under this act, or

other efforts to stop one or more violations of the Oklahoma

Medicaid False Claims Act.

2. Relief which shall include reinstatement with the same

seniority status the employee, contractor or agent would have had

but for the discrimination, two times the amount of back pay,

interest on the back pay, and compensation for any special damages

sustained as a result of the discrimination, including litigation

costs and reasonable attorney fees. An action under this section

may be brought in the appropriate district court of the State of

Oklahoma for the relief provided in this subsection.

F. An action under this section shall not be brought more than

three (3) years after the date when the retaliation occurred.

Added by Laws 2007, c. 137, § 6, eff. Nov. 1, 2007. Amended by Laws

2009, c. 32, § 2, eff. Nov. 1, 2009; Laws 2016, c. 44, § 5, eff.

Nov. 1, 2016; Laws 2017, c. 86, § 2, eff. Nov. 1, 2017.