2015 Maryland Code
HEALTH - GENERAL
Title 2 - DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 6 - FALSE CLAIMS AGAINST STATE HEALTH PLANS AND STATE HEALTH PROGRAMS
§ 2-606 - Private cause of action. -- Restrictions

(a) Actions against certain State officials. -- No court in this State shall have jurisdiction over an action filed under § 2-604 of this subtitle against any member of the Legislative Branch or the Judiciary of the State, any member of the Governor's Executive Council, the Attorney General, the Comptroller, or the State Treasurer if the action is based on evidence or information known to the State when the action was filed.

(b) Actions by current or former public employee or official. -- A civil action may not be brought under this subtitle by a person who is or was a public employee or public official if the allegations of the action are based substantially on:

(1) Allegations of wrongdoing or misconduct that the person had a duty or obligation to report or investigate within the scope of the person's public employment or office; or

(2) Information or records to which the person had access as a result of the person's public employment or office.

(c) Actions based on allegations in a civil suit in which State is a party. -- A person may not bring an action under § 2-604 of this subtitle that is based on allegations or transactions that are the subject of a civil suit or an administrative civil money penalty proceeding in which the State is already a party.

(d) Actions based on public disclosure of allegations. --

(1) Except as provided in paragraphs (2) and (3) of this subsection, no court in this State shall have jurisdiction over an action filed under § 2-604 of this subtitle that is based on the public disclosure of allegations or transactions:

(i) In a criminal, civil, or an administrative hearing;

(ii) In a legislative or an administrative report, a hearing, an audit, or an investigation; or

(iii) From the news media.

(2) Paragraph (1) of this subsection does not apply if the action is initiated by a person who:

(i) Has direct and independent knowledge of the information on which the allegations are based; and

(ii) Has voluntarily provided the information to the State before filing an action under § 2-604 of this subtitle that is based on the information.

(3) The State, through the Attorney General, may file a civil action under § 2-603 of this subtitle based on the public disclosure described in paragraph (1) of this subsection.

(e) State not liable for expenses. -- The State is not liable for expenses that a person incurs in bringing an action under § 2-604 of this subtitle.

(f) Action by auditor, investigator, attorney, financial officer or contracting officer who is or was public employee. -- A person who is or was employed by the State, a local government, or any other political subdivision of the State as an auditor, investigator, attorney, financial officer, or contracting officer may not bring an action under § 2-604 of this subtitle that is based on allegations or transactions that the person discovered or learned of while acting in the person's capacity as an auditor, investigator, attorney, financial officer, or contracting officer for the State, local government, or other political subdivision of the State.