SUBPART C. QUI TAM ACTION

§439.1. Qui tam action; civil action filed by private person

           A. A private person may institute a civil action in the courts of this state on behalf of the state and himself to seek recovery for a violation of R.S. 46:438.2, 438.3, or 438.4 pursuant to the provisions of this Subpart. The institutor shall be known as a "qui tam plaintiff" and the civil action shall be known as a "qui tam action". The action may be dismissed only if the court and the attorney general give written consent to the dismissal and reasons for consenting.

           B. No qui tam action shall be instituted more than six years after the date on which the violation of the Louisiana Medical Assistance Programs Integrity Law is committed or more than three years after the date the facts material to the right of action are known or reasonably should have been known by the official of the state of Louisiana charged with the responsibility to act in the circumstances, but no more than ten years after the date on which the violation is committed, whichever occurs last.

           C. The burden of proof in a qui tam action instituted pursuant to this Subpart shall be the same as that set forth in R.S. 46:438.8.

           D.(1) Unless the action is brought by the state or the qui tam plaintiff is an original source of information, the court shall dismiss an action or claim in accordance with 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 any of the following:

           (a) A criminal, civil, or administrative hearing in which the state or its agent is a party.

           (b) A state legislative or other state hearing, report, audit, or investigation.

           (c) The news media.

           (2) For the purposes of this Subsection, "original source" means an individual who, prior to a public disclosure in accordance with this Subsection, has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based or who 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 in accordance with this Subpart.

           E. Any employee, contractor, or agent shall be entitled to all relief necessary to make that 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 associated others in furtherance of an action in accordance with this Part or other efforts to stop one or more violations of this Part.

           (1) Relief in accordance with this Subsection 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 in accordance with this Section may be brought in the appropriate district court of competent jurisdiction for the relief provided in this Section.

           (2) A civil action in accordance with this Section may not be brought more than three years after the date the retaliation occurred.

           F. Repealed by Acts 2025, No. 206, §2, eff. August 1, 2025..

           G. Notwithstanding any other law to the contrary, a qui tam complaint and information delivered to the state shall not be subject to discovery or become public record until judicial service of the qui tam action is made on any of the defendants, except that the information contained therein may be given to other governmental entities or their authorized agents for review and investigation. The entities and their authorized agents shall maintain the confidentiality of the information provided to them under this Subsection.

           H. Repealed by Acts 2011, No. 185, §2, eff. August 15, 2011.

           I. Repealed by Acts 2011, No. 185, §2, eff. August 15, 2011.

           Acts 1997, No. 1373, §1; Acts 2009, No. 426, §1, eff. August 15, 2009; Acts 2011, No. 185, §§1 & 2, eff. August 15, 2011; Acts 2025, No. 206, §§1 & 2, eff. August 1, 2025.