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Home » US Law » 2022 Indiana Code » Title 5. State and Local Administration » Article 11. Accounting for Public Funds » Chapter 5.5. False Claims and Whistleblower Protection

5-11-5.5-1. Definitions

Sec. 1. The following definitions apply throughout this chapter: (1) “Claim” means a request or demand for money or property that is made to a contractor, grantee, or other recipient if the state: (A) provides any part of the money or property that is requested or demanded; or (B) will reimburse the contractor, grantee, or […]

5-11-5.5-10. Civil Investigative Demands; Procedure

Sec. 10. (a) If the attorney general or the inspector general has reason to believe that a person may be in possession, custody, or control of documentary material or information relevant to an investigation involving a false claim, the attorney general or the inspector general may, before commencing a civil proceeding under this chapter, issue […]

5-11-5.5-11. Civil Investigative Demands; Specificity and Contents; Time Periods

Sec. 11. (a) A civil investigative demand issued under this chapter must describe the conduct constituting a violation involving a false claim that is under investigation and the statute or rule that has been violated. (b) If a civil investigative demand is for the production of documentary material, the civil investigative demand must: (1) describe […]

5-11-5.5-12. Civil Investigative Demands; Protections From Disclosure; Objections

Sec. 12. (a) A civil investigative demand issued under this chapter may not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if the material, answers, or testimony would be protected from disclosure under the standards applicable: (1) to a subpoena or […]

5-11-5.5-13. Civil Investigative Demands; Service

Sec. 13. (a) A civil investigative demand issued under this chapter may be served by an investigator or by any other person authorized to serve process. (b) A civil investigative demand shall be served in accordance with the rules of trial procedure. A court having jurisdiction over a person not located in the state has […]

5-11-5.5-14. Civil Investigative Demands; Response

Sec. 14. (a) The production of documentary material in response to a civil investigative demand served under this chapter shall be made in accordance with Trial Rule 34. (b) Each interrogatory in a civil investigative demand served under this chapter shall be answered in accordance with Trial Rule 33. (c) The examination of a person […]

5-11-5.5-2. False Claims; Civil Penalty; Reduced Penalty for Certain Disclosures

Sec. 2. (a) This section does not apply to: (1) a claim, record, or statement concerning income tax (IC 6-3); or (2) a claim, request, demand, statement, record, act, or omission made or submitted after June 30, 2014, in relation to the Medicaid program described in IC 12-15. (b) A person who knowingly or intentionally: […]

5-11-5.5-3. Duties of Inspector General and Attorney General; Concurrent Jurisdiction to Investigate; Civil Actions; When Inspector General May Bring a Civil Action; Venue

Sec. 3. (a) The: (1) attorney general; and (2) inspector general; have concurrent jurisdiction to investigate a violation of section 2 of this chapter. (b) If the attorney general discovers a violation of section 2 of this chapter, the attorney general may bring a civil action under this chapter against a person who may be […]

5-11-5.5-5. Responsibilities of Inspector General or Attorney General as Intervenors in Civil Action; Venue; Complainant as Party; Dismissal; Limitations on Complainant’s Participation; Alternative Proceedings

Sec. 5. (a) If the attorney general or the inspector general intervenes in an action under section 4 of this chapter, the attorney general or the inspector general is responsible for prosecuting the action and is not bound by an act of the person who initially filed the complaint. The attorney general or the inspector […]

5-11-5.5-6. Compensation to Complainant; Exceptions and Modifications

Sec. 6. (a) The person who initially filed the complaint is entitled to the following amounts if the state prevails in the action: (1) Except as provided in subdivision (2), if the attorney general or the inspector general intervened in the action, the person is entitled to receive at least fifteen percent (15%) and not […]

5-11-5.5-7. Lack of Jurisdiction Over Certain Civil Actions Brought by Individual

Sec. 7. (a) This section does not apply to an action brought by: (1) the attorney general; (2) the inspector general; (3) a prosecuting attorney; or (4) a state employee in the employee’s official capacity. (b) A court does not have jurisdiction over an action brought under section 4 of this chapter that is based […]

5-11-5.5-8. Relief for Whistleblowers

Sec. 8. (a) An employee who has been discharged, demoted, suspended, threatened, harassed, or otherwise discriminated against in the terms and conditions of employment by the employee’s employer because the employee: (1) objected to an act or omission described in section 2 of this chapter; or (2) initiated, testified, assisted, or participated in an investigation, […]