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Bill > HB1582


MS HB1582

MS HB1582
MS False Claims Act; create.


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
02/04/2025

Introduced Session

2025 Regular Session

Bill Summary

An Act To Create The "mississippi False Claims Act"; To Prohibit Any Person From Knowingly Presenting, Or Causing To Be Presented, A False Or Fraudulent Claim For Payment Or Approval To A State Agency Or Any Employee Or Agent Of A State Agency; To Require State Agencies To Diligently Investigate Suspected Violations Of The Act; To Authorize Civil Action By A Qui Tam Plaintiff; To Provide For A Monetary Award To The Qui Tam Plaintiff Out Of The Proceeds Of The Action Or Settlement, If Any; To Bar Certain Civil Actions; To Provide A Statute Of Limitations For Bringing A Civil Action Under The Act; To Prohibit Employer Interference With Employee Disclosure; To Provide That The Remedies Provided In The Act Are Not Exclusive And Shall Be In Addition To Any Other Remedies Provided By Law; And For Related Purposes.

AI Summary

This bill establishes the Mississippi False Claims Act, which creates a comprehensive legal framework to prevent and penalize fraudulent claims submitted to state agencies. The act defines a "claim" as a request for money, property, or services from a state agency and outlines specific prohibited actions, such as knowingly presenting false claims, making false records, or conspiring to defraud a state agency. A key innovative feature is the "qui tam" provision, which allows private individuals (qui tam plaintiffs) to file lawsuits on behalf of the state when they discover potential fraud. If successful, these plaintiffs can receive between 15-30% of the recovered funds, depending on their contribution to the case and whether the state agency chooses to intervene. The bill imposes significant financial penalties for violations, including treble damages (three times the actual damages), civil penalties of $5,000-$10,000 per violation, and mandatory payment of legal costs. The act also includes strong whistleblower protections, making it illegal for employers to retaliate against employees who report potential fraud. Importantly, the bill specifies that these remedies are not exclusive and can be used alongside other legal mechanisms, providing a robust tool for combating fraud against state agencies. The act will take effect on July 1, 2025, and includes provisions for investigating violations, bringing civil actions, and determining appropriate penalties.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Died In Committee (on 02/04/2025)

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