2018 Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 58. Alaska Medical Assistance False Claim and Reporting Act
Sec. 09.58.020. Private plaintiff; civil action. [Repealed July 1, 2019.]
(a) Notwithstanding AS 09.58.015, a person may bring an action under this section for a violation of AS 09.58.010 in the name of the person and the state.
(b) To bring an action under this section, a person shall file a complaint, in camera and under seal, and serve on the attorney general
(1) a copy of the complaint; and
(2) written disclosure of substantially all material evidence and information the person possesses that pertains to the claim.
(c) A complaint filed under this section must remain under seal for at least 60 days and may not be served on the defendant until the court so orders. The attorney general may elect to intervene and proceed with the action within 60 days after the attorney general receives the complaint, the material evidence, and the information required under (b) of this section. The attorney general may, for good cause shown, move the court, under seal, for an extension of the time during which the complaint remains under seal under this subsection.
(d) Before the expiration of the 60-day period or an extension of time granted under (c) of this section, the attorney general shall conduct an investigation and make a written determination as to whether substantial evidence exists that a violation of AS 09.58.010 has occurred. After the investigation and determination are complete, the attorney general shall provide the person who brought the action and the Department of Health and Social Services with a copy of the determination unless the action has been referred to the division of the Department of Law that has responsibility for criminal cases.
(e) Before the expiration of the 60-day period or an extension obtained under (c) of this section, the attorney general shall
(1) intervene in the action and proceed with the action on behalf of the state;
(2) notify the court that the attorney general declines to take over the action, in which case the person bringing the action has the right to conduct the action; or
(3) if the attorney general determines that substantial evidence does not exist that a violation of AS 09.58.010 has occurred, or that the action is barred under AS 09.58.050, the attorney general shall move the court to dismiss the action.
(f) The named defendant in a complaint filed under this section is not required to respond to a complaint filed under this section until after the complaint is unsealed by the court and a copy of the summons and complaint are served on the defendant under the applicable Alaska Rules of Civil Procedure.
(g) When a person brings an action under this section, only the attorney general may intervene or bring a related action based on similar facts to the underlying action.
