§ 1396h. State false claims act requirements for increased State share of recoveries
(a)
In general
Notwithstanding section
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.
(b)
Requirements
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
3730 through
3732 of title
31.
(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.