1396d(b) of this title, if a State has in effect a law relating to false or fraudulent claims that meets the requirements of subsection (b), the Federal medical assistance percentage with respect to any amounts recovered under a State action brought under such law, shall be decreased by 10 percentage points.
For purposes of subsection (a), the requirements of this subsection are that the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, determines that the State has in effect a law that meets the following requirements:
(1)The law establishes liability to the State for false or fraudulent claims described in section
3729 of title
31 with respect to any expenditure described in section
1396b(a) of this title.
(2)The law contains provisions that are at least as effective in rewarding and facilitating qui tam actions for false or fraudulent claims as those described in sections
3732 of title
(3)The law contains a requirement for filing an action under seal for 60 days with review by the State Attorney General.
(4)The law contains a civil penalty that is not less than the amount of the civil penalty authorized under section
3729 of title
(c) Deemed compliance
A State that, as of January 1, 2007, has a law in effect that meets the requirements of subsection (b) shall be deemed to be in compliance with such requirements for so long as the law continues to meet such requirements.
(d) No preclusion of broader laws
Nothing in this section shall be construed as prohibiting a State that has in effect a law that establishes liability to the State for false or fraudulent claims described in section
3729 of title
31, with respect to programs in addition to the State program under this subchapter, or with respect to expenditures in addition to expenditures described in section
1396b(a) of this title, from being considered to be in compliance with the requirements of subsection (a) so long as the law meets such requirements.
A prior section
1396h, act Aug. 14, 1935, ch. 531, title XIX, § 1909, as added and amended Oct. 30, 1972, Pub. L. 92–603, title II, §§ 242(c),
86 Stat. 1419, 1454; Oct. 25, 1977, Pub. L. 95–142, § 4(b),
91 Stat. 1181; Dec. 5, 1980, Pub. L. 96–499, title IX, § 917,
94 Stat. 2625; Aug. 18, 1987, Pub. L. 100–93, § 4(a)–(c), 101 Stat. 688, 689, related to criminal penalties for acts involving Medicare and State health care programs, prior to being renumbered section 1128B of title XI of act Aug. 14, 1935, by section 4(d) ofPub. L. 100–93and transferred to section
1320a–7b of this title.
Pub. L. 109–171, title VI, § 6031(b),Feb. 8, 2006, 120 Stat. 73, as amended by Pub. L. 109–432, div. B, title IV, § 405(c)(2)(A)(iii),Dec. 20, 2006, 120 Stat. 3000, provided that: “Except as provided in section
6034(e) [set out as an Effective Date of 2006 Amendment note under section
1396a of this title], the amendments made by this section [enacting this section] take effect on January 1, 2007.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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