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-AA8,276,127(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-AA8,276,161520.455 (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-AA8,276,191820.9315 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 state’s 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 individual’s 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. 17“Knowingly” 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 plaintiff’s complaint, shall relate back to the 5filing date of the qui tam plaintiff’s complaint to the extent that the state’s claim 6arises out of the conduct, transactions, or occurrences set forth, or attempted to be 7set forth, in the qui tam plaintiff’s 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 person’s 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 person’s 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 state’s 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 state’s 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 12person’s 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-AA8,287,1614165.25 (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-AA8,287,2218801.02 (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-AA8,288,6
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 movant’s ability to protect that interest, unless the movant’s 6interest is adequately represented by existing parties. 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 movant’s 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-AA8,289,723805.04 (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-AA8,289,129805.04 (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-AA8,289,1614893.9815 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-AA8,290,219(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.”.
/2025/related/amendments/ab50/aa8_asa2_ab50
true
amends
/2025/related/amendments/ab50/aa8_asa2_ab50/423/_21
amends/2025/REG/AB50-ASA2-AA8,279,7
amends/2025/REG/AB50-ASA2-AA8,279,7
section
true