Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Clarifies the effective date of the “New Jersey False Claims Act.”
CURRENT VERSION OF TEXT
As introduced.
An Act concerning false claims and amending P.L.2007, c.265.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.2007, c.265 (C.2A:32C-11) is amended to read as follows:
11. a. A civil action under [this act] P.L.2007, c.265 (C.2A:32C-1 et seq.) may not be brought:
[a.] (1) More than six years after the date on which the violation of the act is committed; or
[b.] (2) More than three years after the date when facts material to the right of action are known or reasonably should have been known by the State official charged with responsibility to act in the circumstances, but in no event more than 10 years after the date on which the violation is committed, whichever occurs last.
b. P.L.2007, c.265 (C.2A:32C-1 et seq.) shall apply to all violations committed before March 14, 2008 provided that:
(1) the civil action filed pursuant to the “New Jersey False Claims Act,” P.L.2007, c.265 (C.2A:32C-1 et seq.) is brought within the applicable statute of limitations set out in subsection a. of this section; and
(2) the violation that is the basis of the claim was not previously the subject of an action involving the “New Jersey Medical Assistance and Health Services Act,” P.L.1968, c.413 (C.30:4D-1 et seq.), filed by the same claimant under the “New Jersey False Claims Act,” P.L.2007, c.265 (C.2A:32C-1 et seq.) or the federal False Claims Act, 31 U.S.C. s.3729 et seq., prior to the enactment of P.L. , c. (pending before the Legislature as this bill).
(cf: P.L.2007, c.265, s.11)
2. This act shall take effect immediately.
STATEMENT
This bill would provide that the “New Jersey False Claims Act,” P.L.2007, c.265 (C.2A:32C-1 et seq.), would apply to certain violations committed before its effective date, March 14, 2008.
Under the “New Jersey False Claims Act,” penalties can be imposed, based on actions initiated by the Attorney General or a private individual, against any person who submits a request or demand (i.e., a “claim”) for money, property, or services to the State that the person knows is false. The bill would permit actions on false claims submitted to the State before March 14, 2008, provided that two conditions apply:
(1) the action filed concerning the false claim was brought within six years of the violation, or within three years after the date when facts material to the right of action became known or reasonably should have been known, but in no event more than 10 years after the violation occurred (the same statute of limitations periods applied to current false claims actions); and
(2) the violation that is the basis of the claim was not previously the subject of an action involving the “New Jersey Medical Assistance and Health Services Act,” P.L.1968, c.413 (C.30:4D-1 et seq.), filed by the same claimant under the “New Jersey False Claims Act” or the federal False Claims Act, 31 U.S.C. s.3729 et seq.