AB420,2,109 (de) “Material” means having a natural tendency to influence, or be capable of
10influencing, the payment or receipt of money or property.
AB420,2,1111 (dm) “Medical assistance" has the meaning given under s. 49.43 (8).
AB420,2,1212 (dr) “Obligation” has the meaning given in 31 USC 3729 (b) (3).
AB420,2,1313 (dt) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).
AB420,2,1614 (e) “Proceeds" includes damages, civil penalties, surcharges, payments for costs
15of compliance, and any other economic benefit realized by this state as a result of an
16action or settlement of a claim.
AB420,3,5
1(2) Except as provided in sub. (3), any person who does any of the following is
2liable to this state for 3 times the amount of the damages that were sustained by the
3state or would have been sustained by the state,whichever is greater, because of the
4actions of the person, and shall forfeit, for each violation, an amount within the range
5specified under 31 USC 3729 (a):
AB420,3,76 (a) Knowingly presents or causes to be presented a false or fraudulent claim
7for medical assistance.
AB420,3,98 (b) Knowingly makes, uses, or causes to be made or used, a false record or
9statement material to a false or fraudulent claim for medical assistance.
AB420,3,1410 (dg) Knowingly makes, uses, or causes to be made or used, a false record or
11statement material to an obligation to pay or transmit money or property to the
12Medical Assistance program, or knowingly conceals or knowingly and improperly
13avoids or decreases an obligation to pay or transmit money or property to the Medical
14Assistance program.
AB420,3,1515 (dr) Conspires to commit a violation under par. (a), (b), or (dg).
AB420,3,19 16(3) The court may assess against a person who violates sub. (2) not less than
172 nor more than 3 times the amount of the damages sustained by the state because
18of the acts of the person, and shall not assess any forfeiture, if the court finds all of
19the following:
AB420,3,2220 (a) The person who commits the acts furnished the attorney general with all
21information known to the person about the acts within 30 days after the date on
22which the person obtained the information.
AB420,3,2323 (b) The person fully cooperated with any investigation of the acts by this state.
AB420,4,224 (c) At the time that the person furnished the attorney general with information
25concerning the acts, no criminal prosecution or civil or administrative enforcement

1action had been commenced with respect to any such act, and the person did not have
2actual knowledge of the existence of any investigation into any such act.
AB420,4,5 3(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
4action as a qui tam plaintiff against a person who commits an act in violation of sub.
5(2) for the person and the state in the name of the state.
AB420,4,136 (b) The plaintiff shall serve upon the attorney general a copy of the complaint
7and documents disclosing substantially all material evidence and information that
8the person possesses. The plaintiff shall file a copy of the complaint with the court
9for inspection in camera. Except as provided in par. (c), the complaint shall remain
10under seal for a period of 60 days from the date of filing, and shall not be served upon
11the defendant until the court so orders. Within 60 days from the date of service upon
12the attorney general of the complaint, evidence, and information under this
13paragraph, the attorney general may intervene in the action.
AB420,4,1814 (bm) Any complaint filed by the state in intervention, whether filed separately
15or as an amendment to the qui tam plaintiff's complaint, shall relate back to the filing
16date of the qui tam plaintiff's complaint, to the extent that the state's claim arises
17out of the conduct, transactions, or occurrences set forth, or attempted to be set forth,
18in the qui tam plaintiff's complaint.
AB420,4,2119 (c) The attorney general may, for good cause shown, move the court for one or
20more extensions of the period during which a complaint in an action under this
21subsection remains under seal.
AB420,4,2322 (d) Before the expiration of the period during which the complaint remains
23under seal, the attorney general shall do one of the following:
AB420,4,2524 1. Proceed with the action or an alternate remedy under sub. (10), in which case
25the action or proceeding under sub. (10) shall be prosecuted by the state.
AB420,5,2
12. Notify the court that he or she declines to proceed with the action, in which
2case the person bringing the action may proceed with the action.
AB420,5,53 (e) If a person brings a valid action under this subsection, no person other than
4the state may intervene or bring a related action while the original action is pending
5based upon the same facts underlying the pending action.
AB420,5,86 (f) In any action or other proceeding under sub. (10) brought under this
7subsection, the plaintiff is required to prove all essential elements of the cause of
8action or complaint, including damages, by a preponderance of the evidence.
AB420,5,12 9(6) If the state proceeds with an action under sub. (5) or an alternate remedy
10under sub. (10), the state has primary responsibility for prosecuting the action or
11proceeding under sub. (10). The state is not bound by any act of the person bringing
12the action, but that person has the right to continue as a party to the action.
AB420,5,20 13(7) (b) With the approval of the governor, the attorney general may compromise
14and settle an action under sub. (5) or an administrative proceeding under sub. (10)
15to which the state is a party, notwithstanding objection of the person bringing the
16action, if the court determines, after affording to the person bringing the action the
17right to a hearing at which the person is afforded the opportunity to present evidence
18in opposition to the proposed settlement, that the proposed settlement is fair,
19adequate, and reasonable considering the relevant circumstances pertaining to the
20violation.
AB420,6,221 (c) Upon a showing by the state that unrestricted participation in the
22prosecution of an action under sub. (5) or an alternate proceeding to which the state
23is a party by the person bringing the action would interfere with or unduly delay the
24prosecution of the action or proceeding, or would result in consideration of

1repetitious or irrelevant evidence or evidence presented for purposes of harassment,
2the court may limit the person's participation in the prosecution, such as:
AB420,6,33 1. Limiting the number of witnesses that the person may call.
AB420,6,44 2. Limiting the length of the testimony of the witnesses.
AB420,6,55 3. Limiting the cross-examination of witnesses by the person.
AB420,6,76 4. Otherwise limiting the participation by the person in the prosecution of the
7action or proceeding.
AB420,6,128 (d) Upon showing by a defendant that unrestricted participation in the
9prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
10which the state is a party by the person bringing the action would result in
11harassment or would cause the defendant undue burden or unnecessary expense, the
12court may limit the person's participation in the prosecution.
AB420,6,19 13(8) Except as provided in sub. (7), if the state elects not to participate in an
14action filed under sub. (5), the person bringing the action may prosecute the action.
15If the attorney general so requests, the attorney general shall, at the state's expense,
16be served with copies of all pleadings and deposition transcripts in the action. If the
17person bringing the action initiates prosecution of the action, the court, without
18limiting the status and rights of that person, may permit the state to intervene at a
19later date upon showing by the state of good cause for the proposed intervention.
AB420,7,4 20(9) Whether or not the state participates in an action under sub. (5), upon
21showing in camera by the attorney general that discovery by the person bringing the
22action would interfere with the state's ongoing investigation or prosecution of a
23criminal or civil matter arising out of the same facts as the facts upon which the
24action is based, the court may stay such discovery in whole or in part for a period of
25not more than 60 days. The court may extend the period of any such stay upon

1further showing in camera by the attorney general that the state has pursued the
2criminal or civil investigation of the matter with reasonable diligence and the
3proposed discovery in the action brought under sub. (5) will interfere with the
4ongoing criminal or civil investigation or prosecution.
AB420,7,16 5(10) The attorney general may pursue a claim relating to an alleged violation
6of sub. (2) through an alternate remedy available to the state or any state agency,
7including an administrative proceeding to assess a civil forfeiture. If the attorney
8general elects any such alternate remedy, the attorney general shall serve timely
9notice of his or her election upon the person bringing the action under sub. (5), and
10that person has the same rights in the alternate venue as the person would have had
11if the action had continued under sub. (5). Any finding of fact or conclusion of law
12made by a court or by a state agency in the alternate venue that has become final is
13conclusive upon all parties named in an action under sub. (5). For purposes of this
14subsection, a finding or conclusion is final if it has been finally determined on appeal,
15if all time for filing an appeal or petition for review with respect to the finding or
16conclusion has expired, or if the finding or conclusion is not subject to judicial review.
AB420,7,22 17(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
18action brought by a person under sub. (5) or the state pursues an alternate remedy
19relating to the same acts under sub. (10), the person who brings the action shall
20receive at least 15 percent but not more than 25 percent of the proceeds of the action
21or settlement of the claim, depending upon the extent to which the person
22contributed to the prosecution of the action or claim.
AB420,8,723 (b) Except as provided in par. (e), if an action or claim is one in which the court
24or other adjudicator finds to be based primarily upon disclosures of specific
25information not provided by the person who brings an action under sub. (5) relating

1to allegations or transactions specifically in a criminal, civil, or administrative
2hearing, or in a legislative or administrative report, hearing, audit, or investigation,
3or report made by the news media, the court or other adjudicator may award such
4amount as it considers appropriate, but not more than 10 percent of the proceeds of
5the action or settlement of the claim, depending upon the significance of the
6information and the role of the person bringing the action in advancing the
7prosecution of the action or claim.
AB420,8,128 (c) Except as provided in par. (e), in addition to any amount received under par.
9(a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
10reasonable expenses necessarily incurred in bringing the action together with the
11person's costs and reasonable actual attorney fees. The court or other adjudicator
12shall assess any award under this paragraph against the defendant.
AB420,8,1813 (d) Except as provided in par. (e), if the state does not proceed with an action
14or an alternate proceeding under sub. (10), the person bringing the action shall
15receive an amount that the court decides is reasonable for collection of the civil
16penalty and damages. The amount shall be not less than 25 percent and not more
17than 30 percent of the proceeds of the action and shall be paid from the proceeds. In
18addition, the person shall be paid his or her expenses, costs, and fees under par. (c).
AB420,9,519 (e) Whether or not the state proceeds with the action or an alternate proceeding
20under sub. (10), if the court or other adjudicator finds that an action under sub. (5)
21was brought by a person who planned or initiated the violation upon which the action
22or proceeding is based, then the court may, to the extent that the court considers
23appropriate, reduce the share of the proceeds of the action that the person would
24otherwise receive under par. (a), (b), or (d), taking into account the role of that person
25in advancing the prosecution of the action or claim and any other relevant

1circumstance pertaining to the violation, except that if the person bringing the action
2is convicted of criminal conduct arising from his or her role in a violation of sub. (2),
3the court or other adjudicator shall dismiss the person as a party and the person shall
4not receive any share of the proceeds of the action or claim or any expenses, costs, and
5fees under par. (c).
AB420,9,10 6(12) Except if the action is brought by the attorney general or the person
7bringing the action is an original source of the information, the court shall dismiss
8an action or claim under this section, unless opposed by the state, if substantially the
9same allegations or transactions as alleged in the action or claim were publicly
10disclosed in any of the following ways:
AB420,9,1211 (a) In a federal criminal, civil, or administrative hearing in which the state or
12its agent is a party.
AB420,9,1413 (b) In a congressional, government accountability office, or other federal report,
14hearing, audit, or investigation.
AB420,9,1515 (c) From the news media.
AB420,9,17 16(13) The state is not liable for any expenses incurred by a private person in
17bringing an action under sub. (5).
AB420,9,25 18(14) Any employee, contractor, or agent who is discharged, demoted,
19suspended, threatened, harassed, or in any other manner discriminated against in
20the terms and conditions of employment because of lawful actions taken by the
21employee, contractor, agent, or by others in furtherance of an action or claim filed
22under this section or on behalf of the employee, contractor, or agent, including
23investigation for, initiation of, testimony for, or assistance in an action or claim filed
24or to be filed under sub. (5) is entitled to all necessary relief to make the employee,
25contractor, or agent whole. Such relief shall in each case include reinstatement with

1the same seniority status that the employee, contractor, or agent would have had but
2for the discrimination, 2 times the amount of back pay, interest on the back pay at
3the legal rate, and compensation for any special damages sustained as a result of the
4discrimination, including costs and reasonable attorney fees. An employee,
5contractor, or agent may bring an action to obtain the relief to which the employee,
6contractor, or agent is entitled under this subsection within 3 years after the date the
7retaliation occurred.
AB420,10,9 8(15) A civil action may be brought based upon acts occurring prior to October
927, 2007, if the action is brought within the period specified in s. 893.9815.
AB420,10,13 10(16) A judgment of guilty entered against a defendant in a criminal action in
11which the defendant is charged with fraud or making false statements estops the
12defendant from denying the essential elements of the offense in any action under sub.
13(5) that involves the same elements as in the criminal action.
AB420,10,15 14(17) The remedies provided for under this section are in addition to any other
15remedies provided for under any other law or available under the common law.
AB420,10,18 16(18) This section shall be liberally construed and applied to promote the public
17interest and to effect the congressional intent in enacting 31 USC 3729 to 3733, as
18reflected in the act and the legislative history of the act.
AB420,2 19Section 2 . 49.485 of the statutes is renumbered 49.485 (2) and amended to
20read:
AB420,11,321 49.485 (2) Whoever knowingly presents or causes to be presented to any officer,
22employee, or agent of this state a false claim for medical assistance
Except as
23provided under s. 20.9315 (3), whoever commits an act in violation of s. 20.9315 (2)

24shall forfeit not less than $5,000 nor more than $10,000 an amount within the range
25specified under 31 USC 3729 (a)
, plus 3 times the amount of the damages that were

1sustained by the state or would have been sustained by the state, whichever is
2greater, as a result of the false claim. The attorney general may bring an action on
3behalf of the state to recover any forfeiture incurred under this section.
AB420,3 4Section 3 . 49.485 (1) of the statutes is created to read:
AB420,11,55 49.485 (1) In this section, “claim” has the meaning given in s. 20.9315.
AB420,4 6Section 4. 165.25 (11m) of the statutes is created to read:
AB420,11,97 165.25 (11m) False claims. Diligently investigate possible violations of s.
820.9315, and, if the department determines that a person has committed an act that
9is punishable under s. 20.9315, may bring a civil action against that person.
AB420,5 10Section 5. 801.02 (1) of the statutes is amended to read:
AB420,11,1511 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
12personal judgment is sought is commenced as to any defendant when a summons and
13a complaint naming the person as defendant are filed with the court, provided service
14of an authenticated copy of the summons and of the complaint is made upon the
15defendant under this chapter within 90 days after filing.
AB420,6 16Section 6. 803.09 (1) of the statutes is amended to read:
AB420,11,2217 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone
18shall be permitted to intervene in an action when the movant claims an interest
19relating to the property or transaction which is the subject of the action and the
20movant is so situated that the disposition of the action may as a practical matter
21impair or impede the movant's ability to protect that interest, unless the movant's
22interest is adequately represented by existing parties.
AB420,7 23Section 7. 803.09 (2) of the statutes is amended to read:
AB420,12,824 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone
25may be permitted to intervene in an action when a movant's claim or defense and the

1main action have a question of law or fact in common. When a party to an action
2relies for ground of claim or defense upon any statute or executive order or rule
3administered by a federal or state governmental officer or agency or upon any
4regulation, order, rule, requirement or agreement issued or made pursuant to the
5statute or executive order, the officer or agency upon timely motion may be permitted
6to intervene in the action. In exercising its discretion the court shall consider
7whether the intervention will unduly delay or prejudice the adjudication of the rights
8of the original parties.
AB420,8 9Section 8. 804.01 (2) (intro.) of the statutes is amended to read:
AB420,12,1210 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315
11(9), and unless
otherwise limited by order of the court in accordance with the
12provisions of this chapter, the scope of discovery is as follows:
AB420,9 13Section 9. 805.04 (1) of the statutes is amended to read:
AB420,12,2114 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an
15action may be dismissed by the plaintiff without order of court by serving and filing
16a notice of dismissal at any time before service by an adverse party of responsive
17pleading or motion or by the filing of a stipulation of dismissal signed by all parties
18who have appeared in the action. Unless otherwise stated in the notice of dismissal
19or stipulation, the dismissal is not on the merits, except that a notice of dismissal
20operates as an adjudication on the merits when filed by a plaintiff who has once
21dismissed in any court an action based on or including the same claim.
AB420,10 22Section 10. 805.04 (2p) of the statutes is created to read:
AB420,13,223 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
24only by order of the court. In determining whether to dismiss the action filed under

1s. 20.9315, the court shall take into account the best interests of the parties and the
2purposes of s. 20.9315.
AB420,11 3Section 11. 893.9815 of the statutes is created to read:
AB420,13,6 4893.9815 False claims. An action or claim under s. 20.9315 shall be
5commenced within 10 years after the cause of the action or claim accrues or be
6barred.
AB420,13,77 (End)
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