An Act To Clarify Civil Liability of Persons Making False Claims to the Department of Health and Human Services

Sec. 1. 22 MRSA §15, first ¶,  as amended by PL 1995, c. 191, §1, is further amended to read:

Any person, firm, association, partnership, corporation or other legal entity who makes or causes to be made or presents or causes to be presented for payment or approval any claim upon or against the department or upon any funds administered by the department, knowing such claim to be false, fictitious or fraudulent , or who , for the purpose of obtaining or aiding another to obtain the payment or approval of such a claim, makes any false written statement or submits any false document that the person does not believe to be true, material to a false, fictitious or fraudulent claim or who enters into any agreement, combination or conspiracy to defraud the department by obtaining the payment or approval of any false, fictitious or fraudulent claim , shall or who makes or causes to be made a false written statement or record material to an obligation to pay or transmit money or property to the department or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the department is, in addition to any criminal liability that may be provided by law, be subject to civil suit by this State in the Superior Court for recovery of civil penalties to include the following:

Sec. 2. 22 MRSA §15,  as amended by PL 1995, c. 191, §§1 to 4, is further amended by adding at the end a new paragraph to read:

For purposes of this section, "knowing" or "knowingly" means that, with respect to information, a person has actual knowledge of the information, acts in deliberate ignorance of the truth or falsity of the information or acts in reckless disregard of the truth or falsity of the information. A person may act knowingly without specific intent to defraud.

summary

This bill clarifies liability for conduct associated with false claims made to the Department of Health and Human Services. It changes the description of the statements, documents and records the making or submission of which incurs liability and adds provisions governing so-called reverse false claims, submission of false information to the department in order to avoid or decrease an obligation to pay or transmit money or property to the department. It adds a definition of "knowing" or "knowingly."