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§ 2-606. Civil actions by or against government employees

West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2010

West's Annotated Code of Maryland
Health--General
Title 2. Maryland Department of Health (Refs & Annos)
Subtitle 6. False Claims Against State Health Plans and State Health Programs (Refs & Annos)
Effective: October 1, 2010
MD Code, Health - General, § 2-606
§ 2-606. Civil actions by or against government employees
Currentness
In general
(a) 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.
Actions based on reports or investigations by public employees or officials
(b) 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.
Civil suits or administrative proceedings in which State a party
(c) 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.
Actions based on public disclosure of allegations or transactions
(d)(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.
State not liable for expenses
(e) The State is not liable for expenses that a person incurs in bringing an action under § 2-604 of this subtitle.
Restrictions
(f) 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.

Credits

Added by Acts 2010, c. 4, § 1, eff. Oct. 1, 2010.
MD Code, Health - General, § 2-606, MD HEALTH GEN § 2-606
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document