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AB50-ASA2-AA8,921922Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,276,423(1) Maternal and child health; grants to maintain certain programs.

1In the schedule under s. 20.005 (3) for the appropriation to the department of
2health services under s. 20.435 (1) (b), the dollar amount for fiscal year 2025-26 is
3increased by $800,000 and the dollar amount for fiscal year 2026-27 is increased by
4$800,000 to fund grants under s. 46.48 (34)..
AB50-ASA2-AA8,276,55139. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,276,66Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,276,127(1) Medicaid and FoodShare contracts. In the schedule under s. 20.005
8(3) for the appropriation to the department of health services under s. 20.435 (4) (b),
9the dollar amount for fiscal year 2025-26 is increased by $28,576,200 and the dollar
10amount for fiscal year 2026-27 is increased by $28,096,600 to increase funding for
11contractual services and information technology systems costs for the
12administration of the Medical Assistance program and the FoodShare program..
AB50-ASA2-AA8,276,1313140. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,276,1414Section 422. 20.455 (1) (hn) of the statutes is created to read:
AB50-ASA2-AA8,276,161520.455 (1) (hn) Payments to relators. All moneys received by the department
16that are owed to a relator, to provide payments owed to a relator.
AB50-ASA2-AA8,42317Section 423. 20.9315 of the statutes is created to read:
AB50-ASA2-AA8,276,191820.9315 False claims; actions by or on behalf of state. (1) In this
19section:
AB50-ASA2-AA8,276,2220(a) 1. Claim means any request or demand, whether under a contract or
21otherwise, for money or property, whether the state has title to the money or
22property, that is any of the following:
AB50-ASA2-AA8,277,2
1a. Presented to an officer, employee, agent, or other representative of the
2state.
AB50-ASA2-AA8,277,73b. Made to a contractor, grantee, or other person if the money or property is to
4be spent or used on the states behalf or to advance a state program or interest and
5if the state provides any portion of the money or property that is requested or
6demanded or will reimburse directly or indirectly the contractor, grantee, or other
7person for any portion of the money or property that is requested or demanded.
AB50-ASA2-AA8,277,982. Claim includes a request or demand for services from a state agency or as
9part of a state program.
AB50-ASA2-AA8,277,13103. Claim does not include requests or demands for money or property that
11the state has paid to an individual as compensation for state employment or as an
12income subsidy with no restriction on that individuals use of the money or
13property.
AB50-ASA2-AA8,277,1714(b) Knowingly means, with respect to information, having actual knowledge
15of the information, acting in deliberate ignorance of the truth or falsity of the
16information, or acting in reckless disregard of the truth or falsity of the information.
17Knowingly does not mean specifically intending to defraud.
AB50-ASA2-AA8,277,1918(c) Material means having a natural tendency to influence, or be capable of
19influencing, the payment or receipt of money or property or the receipt of services.
AB50-ASA2-AA8,277,2020(d) Medical assistance has the meaning given under s. 49.43 (8).
AB50-ASA2-AA8,277,2121(e) Obligation has the meaning given in 31 USC 3729 (b) (3).
AB50-ASA2-AA8,277,2222(f) Original source has the meaning given in 31 USC 3730 (e) (4) (B).
AB50-ASA2-AA8,278,223(g) Proceeds includes damages, civil penalties, surcharges, payments for

1costs of compliance, and any other economic benefit realized by this state as a result
2of an action or settlement of a claim.
AB50-ASA2-AA8,278,73(2) Except as provided in sub. (3), any person who does any of the following is
4liable to this state for 3 times the amount of the damages that were sustained by the
5state or would have been sustained by the state,whichever is greater, because of the
6actions of the person and shall forfeit, for each violation, an amount within the
7range specified under 31 USC 3729 (a):
AB50-ASA2-AA8,278,98(a) Knowingly presents or causes to be presented a false or fraudulent claim to
9a state agency, including a false or fraudulent claim for medical assistance.
AB50-ASA2-AA8,278,1210(b) Knowingly makes, uses, or causes to be made or used a false record or
11statement material to a false or fraudulent claim to a state agency, including a false
12or fraudulent claim for medical assistance.
AB50-ASA2-AA8,278,1713(c) Knowingly makes, uses, or causes to be made or used a false record or
14statement material to an obligation to pay or transmit money or property to the
15Medical Assistance program, or knowingly conceals or knowingly and improperly
16avoids or decreases an obligation to pay or transmit money or property to the
17Medical Assistance program.
AB50-ASA2-AA8,278,2118(d) Knowingly makes, uses, or causes to be made or used a false record or
19statement material to an obligation to pay or transmit money or property to a state
20agency or knowingly conceals or knowingly and improperly avoids or decreases an
21obligation to pay or transmit money or property to a state agency.
AB50-ASA2-AA8,278,2222(e) Conspires to commit a violation under par. (a), (b), (c), or (d).
AB50-ASA2-AA8,279,323(3) The court may assess against a person who violates sub. (2) not less than

12 nor more than 3 times the amount of the damages sustained by the state because
2of the acts of the person, and shall not assess any forfeiture, if the court finds all of
3the following:
AB50-ASA2-AA8,279,64(a) The person who commits the acts furnished the attorney general with all
5information known to the person about the acts within 30 days after the date on
6which the person obtained the information.
AB50-ASA2-AA8,279,77(b) The person fully cooperated with any investigation by this state of the acts.
AB50-ASA2-AA8,279,128(c) At the time that the person furnished the attorney general with
9information concerning the acts, no criminal prosecution or civil or administrative
10enforcement action had been commenced with respect to any such act, and the
11person did not have actual knowledge of the existence of any investigation into any
12such act.
AB50-ASA2-AA8,279,1513(5) (a) Except as provided in subs. (10) and (12), any person may bring a civil
14action as a qui tam plaintiff against a person who commits an act in violation of sub.
15(2) for the person and the state in the name of the state.
AB50-ASA2-AA8,280,216(b) The plaintiff under par. (a) shall serve upon the attorney general a copy of
17the complaint and documents disclosing substantially all material evidence and
18information that the plaintiff possesses. The plaintiff shall file a copy of the
19complaint with the court for inspection in camera. Except as provided in par. (c),
20the complaint shall remain under seal for a period of 60 days from the date of filing
21and shall not be served upon the defendant until the court so orders. Within 60
22days from the date of service upon the attorney general of the complaint, evidence,

1and information under this paragraph, the attorney general may intervene in the
2action.
AB50-ASA2-AA8,280,73(bm) Any complaint filed by the state in intervention, whether filed separately
4or as an amendment to the qui tam plaintiffs complaint, shall relate back to the
5filing date of the qui tam plaintiffs complaint to the extent that the states claim
6arises out of the conduct, transactions, or occurrences set forth, or attempted to be
7set forth, in the qui tam plaintiffs complaint.
AB50-ASA2-AA8,280,108(c) The attorney general may, for good cause shown, move the court for one or
9more extensions of the period during which a complaint in an action under this
10subsection remains under seal.
AB50-ASA2-AA8,280,1211(d) Before the expiration of the period during which the complaint remains
12under seal, the attorney general shall do one of the following:
AB50-ASA2-AA8,280,14131. Proceed with the action or an alternate remedy under sub. (10), in which
14case the action or proceeding under sub. (10) shall be prosecuted by the state.
AB50-ASA2-AA8,280,16152. Notify the court that he or she declines to proceed with the action, in which
16case the person bringing the action may proceed with the action.
AB50-ASA2-AA8,280,1917(e) If a person brings a valid action under this subsection, no person other
18than the state may intervene or bring a related action based upon the same facts
19underlying the original action while the original action is pending.
AB50-ASA2-AA8,280,2220(f) In any action brought under this subsection or other proceeding under sub.
21(10), the plaintiff is required to prove all essential elements of the cause of action or
22complaint, including damages, by a preponderance of the evidence.
AB50-ASA2-AA8,281,423(6) If the state proceeds with an action under sub. (5) or an alternate remedy

1under sub. (10), the state has primary responsibility for prosecuting the action
2under sub. (5) or proceeding under sub. (10). The state is not bound by any act of
3the person bringing the action, but that person has the right to continue as a party
4to the action.
AB50-ASA2-AA8,281,125(7) (b) With the approval of the governor, the attorney general may
6compromise and settle an action under sub. (5) or an administrative proceeding
7under sub. (10) to which the state is a party, notwithstanding objection of the
8person bringing the action, if the court determines, after affording to the person
9bringing the action the right to a hearing at which the person is afforded the
10opportunity to present evidence in opposition to the proposed settlement, that the
11proposed settlement is fair, adequate, and reasonable considering the relevant
12circumstances pertaining to the violation.
AB50-ASA2-AA8,281,1913(c) Upon a showing by the state that unrestricted participation in the
14prosecution of an action under sub. (5) or an alternate proceeding under sub. (10) to
15which the state is a party by the person bringing the action would interfere with or
16unduly delay the prosecution of the action or proceeding, or would result in
17consideration of repetitious or irrelevant evidence or evidence presented for
18purposes of harassment, the court may limit the persons participation in the
19prosecution, such as:
AB50-ASA2-AA8,281,20201. Limiting the number of witnesses that the person may call.
AB50-ASA2-AA8,281,21212. Limiting the length of the testimony of the witnesses.
AB50-ASA2-AA8,281,22223. Limiting the cross-examination of witnesses by the person.
AB50-ASA2-AA8,282,2
14. Otherwise limiting the participation by the person in the prosecution of the
2action or proceeding.
AB50-ASA2-AA8,282,73(d) Upon a showing by a defendant that unrestricted participation in the
4prosecution of an action under sub. (5) or alternate proceeding under sub. (10) to
5which the state is a party by the person bringing the action would result in
6harassment or would cause the defendant undue burden or unnecessary expense,
7the court may limit the persons participation in the prosecution.
AB50-ASA2-AA8,282,158(8) Except as provided in sub. (7), if the state elects not to participate in an
9action filed under sub. (5), the person bringing the action may prosecute the action.
10If the attorney general so requests, the attorney general shall, at the states
11expense, be served with copies of all pleadings and deposition transcripts in the
12action. If the person bringing the action initiates prosecution of the action, the
13court, without limiting the status and rights of that person, may permit the state to
14intervene at a later date upon a showing by the state of good cause for the proposed
15intervention.
AB50-ASA2-AA8,283,216(9) Whether or not the state participates in an action under sub. (5), upon a
17showing in camera by the attorney general that discovery by the person bringing
18the action would interfere with the states ongoing investigation or prosecution of a
19criminal or civil matter arising out of the same facts as the facts upon which the
20action is based, the court may stay such discovery in whole or in part for a period of
21not more than 60 days. The court may extend the period of any such stay upon a
22further showing in camera by the attorney general that the state has pursued the
23criminal or civil investigation of the matter with reasonable diligence and the

1proposed discovery in the action brought under sub. (5) will interfere with the
2ongoing criminal or civil investigation or prosecution.
AB50-ASA2-AA8,283,153(10) The attorney general may pursue a claim relating to an alleged violation
4of sub. (2) through an alternate remedy available to the state or any state agency,
5including an administrative proceeding to assess a civil forfeiture. If the attorney
6general elects any such alternate remedy, the attorney general shall serve timely
7notice of his or her election upon the person bringing the action under sub. (5), and
8that person has the same rights in the alternate venue as the person would have
9had if the action had continued under sub. (5). Any finding of fact or conclusion of
10law made by a court or by a state agency in the alternate venue that has become
11final is conclusive upon all parties named in an action under sub. (5). For purposes
12of this subsection, a finding or conclusion is final if it has been finally determined
13on appeal, if all time for filing an appeal or petition for review with respect to the
14finding or conclusion has expired, or if the finding or conclusion is not subject to
15judicial review.
AB50-ASA2-AA8,283,2116(11) (a) Except as provided in pars. (b) and (e), if the state proceeds with an
17action brought by a person under sub. (5) or the state pursues an alternate remedy
18relating to the same acts under sub. (10), the person who brings the action shall
19receive at least 15 percent but not more than 25 percent of the proceeds of the action
20or settlement of the claim, depending upon the extent to which the person
21contributed to the prosecution of the action or claim.
AB50-ASA2-AA8,284,822(b) Except as provided in par. (e), if an action or claim is one that the court or
23other adjudicator finds to be based primarily upon disclosures of specific

1information not provided by the person who brings the action or claim under sub.
2(5) relating to allegations or transactions specifically disclosed in a criminal, civil,
3or administrative hearing; legislative or administrative report, hearing, audit, or
4investigation; or report made by the news media, the court or other adjudicator may
5award an amount to the person as it considers appropriate, but not more than 10
6percent of the proceeds of the action or settlement of the claim, depending upon the
7significance of the information and the role of the person bringing the action in
8advancing the prosecution of the action or claim.
AB50-ASA2-AA8,284,139(c) Except as provided in par. (e), in addition to any amount received under
10par. (a) or (b), a person bringing an action under sub. (5) shall be awarded his or her
11reasonable expenses necessarily incurred in bringing the action together with the
12persons costs and reasonable actual attorney fees. The court or other adjudicator
13shall assess any award under this paragraph against the defendant.
AB50-ASA2-AA8,284,2014(d) Except as provided in par. (e), if the state does not proceed with an action
15under sub. (5) or an alternate proceeding under sub. (10), the person bringing the
16action shall receive an amount that the court decides is reasonable for collection of
17the civil penalty and damages. The amount shall be not less than 25 percent and
18not more than 30 percent of the proceeds of the action and shall be paid from the
19proceeds. In addition, the person shall be paid his or her expenses, costs, and fees
20under par. (c).
AB50-ASA2-AA8,285,921(e) Whether or not the state proceeds with an action under sub. (5) or an
22alternate proceeding under sub. (10), if the court or other adjudicator finds that an
23action under sub. (5) was brought by a person who planned or initiated the violation

1upon which the action or proceeding is based, then the court may, to the extent that
2the court considers appropriate, reduce the share of the proceeds of the action that
3the person would otherwise receive under par. (a), (b), or (d), taking into account the
4role of that person in advancing the prosecution of the action or claim and any other
5relevant circumstance pertaining to the violation, except that if the person bringing
6the action is convicted of criminal conduct arising from his or her role in a violation
7of sub. (2), the court or other adjudicator shall dismiss the person as a party and the
8person shall not receive any share of the proceeds of the action or claim or any
9expenses, costs, or fees under par. (c).
AB50-ASA2-AA8,285,1410(12) Except if the action is brought by the attorney general or the person
11bringing the action is an original source of the information, the court shall dismiss
12an action or claim under this section, unless opposed by the state, if substantially
13the same allegations or transactions as alleged in the action or claim were publicly
14disclosed in any of the following ways:
AB50-ASA2-AA8,285,1615(a) In a federal criminal, civil, or administrative hearing in which the state or
16its agent is a party.
AB50-ASA2-AA8,285,1817(b) In a congressional, government accountability office, or other federal
18report, hearing, audit, or investigation.
AB50-ASA2-AA8,285,1919(c) From the news media.
AB50-ASA2-AA8,285,2120(13) The state is not liable for any expenses incurred by a private person in
21bringing an action under sub. (5).
AB50-ASA2-AA8,286,1322(14) Any employee, contractor, or agent who is discharged, demoted,
23suspended, threatened, harassed, or in any other manner discriminated against in

1the terms and conditions of employment because of lawful actions taken by the
2employee, contractor, or agent or by others in furtherance of an action or claim filed
3under this section or on behalf of the employee, contractor, or agent, including
4investigation for, initiation of, testimony for, or assistance in an action or claim filed
5or to be filed under sub. (5), is entitled to all necessary relief to make the employee,
6contractor, or agent whole. Such relief shall in each case include reinstatement
7with the same seniority status that the employee, contractor, or agent would have
8had but for the discrimination, 2 times the amount of back pay, interest on the back
9pay at the legal rate, and compensation for any special damages sustained as a
10result of the discrimination, including costs and reasonable attorney fees. An
11employee, contractor, or agent may bring an action to obtain the relief to which the
12employee, contractor, or agent is entitled under this subsection within 3 years after
13the date the retaliation occurred.
AB50-ASA2-AA8,286,1614(15) A civil action may be brought under sub. (5) based upon acts occurring
15prior to the effective date of this subsection .... [LRB inserts date], if the action is
16brought within the period specified in s. 893.9815.
AB50-ASA2-AA8,286,2017(16) A judgment of guilty entered against a defendant in a criminal action in
18which the defendant is charged with fraud or making false statements estops the
19defendant from denying the essential elements of the offense in any action under
20sub. (5) that involves the same elements as in the criminal action.
AB50-ASA2-AA8,286,2221(17) The remedies provided for under this section are in addition to any other
22remedies provided for under any other law or available under the common law.
AB50-ASA2-AA8,287,323(18) This section shall be liberally construed and applied to promote the

1public interest and to effect the congressional intent in enacting 31 USC 3729 to
23733, as reflected in the federal False Claims Act and the legislative history of the
3act.
AB50-ASA2-AA8,4244Section 424. 49.485 of the statutes is renumbered 20.9315 (19) and amended
5to read:
AB50-ASA2-AA8,287,12620.9315 (19) Whoever knowingly presents or causes to be presented to any
7officer, employee, or agent of this state a false claim for medical assistance shall
8forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the
9damages that were sustained by the state or would have been sustained by the
10state, whichever is greater, as a result of the false claim. The attorney general may
11bring an action on behalf of the state to recover any forfeiture incurred under this
12section.
AB50-ASA2-AA8,42513Section 425. 165.25 (11m) of the statutes is created to read:
AB50-ASA2-AA8,287,1614165.25 (11m) False claims. Diligently investigate possible violations of s.
1520.9315 and, if the department determines that a person has committed an act that
16is punishable under s. 20.9315, may bring a civil action against that person.
AB50-ASA2-AA8,42617Section 426. 801.02 (1) of the statutes is amended to read:
AB50-ASA2-AA8,287,2218801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
19personal judgment is sought is commenced as to any defendant when a summons
20and a complaint naming the person as defendant are filed with the court, provided
21service of an authenticated copy of the summons and of the complaint is made upon
22the defendant under this chapter within 90 days after filing.
AB50-ASA2-AA8,42723Section 427. 803.09 (1) of the statutes is amended to read:
AB50-ASA2-AA8,288,6
1803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone
2shall be permitted to intervene in an action when the movant claims an interest
3relating to the property or transaction which is the subject of the action and the
4movant is so situated that the disposition of the action may as a practical matter
5impair or impede the movants ability to protect that interest, unless the movants
6interest is adequately represented by existing parties.
AB50-ASA2-AA8,4287Section 428. 803.09 (2) of the statutes is amended to read:
AB50-ASA2-AA8,288,178803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone
9may be permitted to intervene in an action when a movants claim or defense and
10the main action have a question of law or fact in common. When a party to an
11action relies for ground of claim or defense upon any statute or executive order or
12rule administered by a federal or state governmental officer or agency or upon any
13regulation, order, rule, requirement or agreement issued or made pursuant to the
14statute or executive order, the officer or agency upon timely motion may be
15permitted to intervene in the action. In exercising its discretion the court shall
16consider whether the intervention will unduly delay or prejudice the adjudication of
17the rights of the original parties.
AB50-ASA2-AA8,42918Section 429. 804.01 (2) (intro.) of the statutes is amended to read:
AB50-ASA2-AA8,288,2119804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s.
2020.9315 (9), and unless otherwise limited by order of the court in accordance with
21the provisions of this chapter, the scope of discovery is as follows:
AB50-ASA2-AA8,43022Section 430. 805.04 (1) of the statutes is amended to read:
AB50-ASA2-AA8,289,723805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p),

1an action may be dismissed by the plaintiff without order of court by serving and
2filing a notice of dismissal at any time before service by an adverse party of
3responsive pleading or motion or by the filing of a stipulation of dismissal signed by
4all parties who have appeared in the action. Unless otherwise stated in the notice of
5dismissal or stipulation, the dismissal is not on the merits, except that a notice of
6dismissal operates as an adjudication on the merits when filed by a plaintiff who
7has once dismissed in any court an action based on or including the same claim.
AB50-ASA2-AA8,4318Section 431. 805.04 (2p) of the statutes is created to read:
AB50-ASA2-AA8,289,129805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
10only by order of the court. In determining whether to dismiss the action filed under
11s. 20.9315, the court shall take into account the best interests of the parties and the
12purposes of s. 20.9315.
AB50-ASA2-AA8,43213Section 432. 893.9815 of the statutes is created to read:
AB50-ASA2-AA8,289,1614893.9815 False claims. An action or claim under s. 20.9315 shall be
15commenced within 10 years after the cause of the action or claim accrues or be
16barred..
AB50-ASA2-AA8,289,1717141. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,289,1818Section 9219. Fiscal changes; Health Services.
AB50-ASA2-AA8,290,219(1) Sand ridge forensic treatment expansion. In the schedule under s.
2020.005 (3) for the appropriation to the department of health services under s.
2120.435 (2) (bm), the dollar amount for fiscal year 2025-26 is adjusted to
22$197,689,900. In the schedule under s. 20.005 (3) for the appropriation to the

1department of health services under s. 20.435 (2) (bm), the dollar amount for fiscal
2year 2026-27 is adjusted to $203,747,600..
AB50-ASA2-AA8,290,33142. At the appropriate places, insert all of the following:
AB50-ASA2-AA8,290,44Section 9219. Fiscal changes; Health Services.
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