HB 1790 -- Missouri False Claims Act

Sponsor:  Flook

This bill establishes the Missouri False Claims Act.  In its main
provision, the bill specifies that a person will be liable to the
state or relevant political subdivision for a civil penalty if he
or she:

(1)  Knowingly presents, or causes to be presented, false or
fraudulent claims for payment or approval to any officer or
employee of the state, any political subdivision, public school
district, or public charter school;

(2)  Knowingly makes, uses, or causes to be made or used, a false
record or statement to get a false or fraudulent claim paid or
approved or to conceal, avoid, or decrease an obligation to pay
or transmit money or property to the government;

(3)  Conspires to defraud the government by getting a false or
fraudulent claim allowed or paid;

(4)  Has possession, custody, or control of property or money
used, or to be used, by the government and, intending to defraud
the government or willfully to conceal the property, delivers or
causes to be delivered less property than the amount for which
the person receives a certificate or receipt;

(5)  Makes or delivers a certified receipt of property used
without completely knowing that the information on the receipt is
true if the person is authorized to make or deliver the document
and intends to defraud the government;

(6)  Knowingly buys or receives as a pledge of an obligation or
debt public property from an officer, agent, or employee of the
government who may not sell or pledge the property; or

(7)  Violates Section 105.452, 105.454, 576.010, 576.020,
576.030, 576.040, 576.050, or 576.080, RSMo.

The penalty for anyone committing any of these acts will be
between $10,000 and $100,000, plus three times the amount of
damages sustained by the government or political subdivision
unless the court finds that the person furnished the relevant
entity charged with investigating the claim with all relevant
information; fully cooperated with the investigation; and at the
time of production of information and cooperation, had no
knowledge of an investigation and no criminal prosecution, civil
action, or administrative action had commenced.

The bill also requires the Attorney General to diligently
investigate any violation of these provisions and allows any
person to bring a civil action for himself or herself and for the
government.

Procedures are specified for bringing an action, the
investigation, the hearing, the penalties, and the procedures in
special circumstances.

The provisions of the bill will not apply to hospitals or medical
providers governed under Section 208.164 or Sections 191.900 -
191.910.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:12 pm