SLS 14RS-29 REENGROSSED
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 459
BY SENATOR CLAITOR
ATTORNEYS. Provides that contingency fee contracts for private attorneys handling civil
actions under the Medical Assistance Programs Integrity Law shall be public records.
(8/1/14)
AN ACT1
To amend and reenact R.S. 46:438.1, relative to contingency fee contracts; to provide2
relative to private counsel employed by the state to institute civil actions under the3
Medical Assistance Programs Integrity Law; to provide relative to contracts of4
employment of private counsel by the state; to provide relative to public records; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 46:438.1 is hereby amended and reenacted to read as follows: 8
ยง438.1. Civil actions authorized9
A. The secretary or the attorney general may institute a civil action in the10
courts of this state to seek recovery from persons who violate the provisions of this11
Part. The contract of employment of any private counsel, including fee amounts,12
and all final fees and costs, shall be a public record.13
B. An action to recover costs, expenses, fees, and attorney fees shall be14
ancillary to, and shall be brought and heard in the same court as, the civil action15
brought under the provision of Subsection A of this Section.16
C.(1) A prevailing defendant may only seek recovery for costs, expenses,17 SB NO. 459
SLS 14RS-29 REENGROSSED
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
fees, and attorney fees only if the court finds, following a contradictory hearing, that1
either of the following apply:2
(a) The action was instituted by the secretary or attorney general pursuant3
to Subsection A of this Section after it should have been determined by the secretary4
or attorney general to be frivolous, vexatious, or brought primarily for the purpose5
of harassment.6
(b) The secretary or attorney general proceeded with the action instituted7
pursuant to Subsection A of this Section after it should have been determined by the8
secretary or attorney general that proceeding would be frivolous, vexatious, or for9
the purpose of harassment.10
(2) Recovery awarded to a prevailing defendant shall be awarded only for11
those reasonable, necessary, and proper costs, expenses, fees, and attorney fees12
actually incurred by the prevailing defendant.13
D. An action to recover costs, expenses, fees, and attorney fees may be14
brought no later than sixty days after the rendering of judgment by the district court,15
unless the district court decision is appealed. If the district court decision is appealed,16
such action may be brought no later than sixty days after the rendering of the final17
opinion on appeal by the court of appeal or, if applicable, by the supreme court.18
The original instrument was prepared by Julie J. Baxter. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by J. W. Wiley.
DIGEST
Claitor (SB 459)
Present law provides that the secretary or the attorney general may institute a civil action in
the courts of this state to seek recovery from persons who violate the provisions of the
Medical Assistance Programs Integrity Law.
Proposed law retains present law, and further provides that a contract of employment of any
private counsel, including fee amounts, and all final fees and costs, shall be a public record.
Effective August 1, 2014.
(Amends R.S. 46:438.1) SB NO. 459
SLS 14RS-29 REENGROSSED
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Removed a prohibition on employment of private counsel by the secretary
or attorney general to institute civil actions under the Medical Assistance
Programs Integrity Law.
2. Adds that the contract of employment of any private counsel, including fee
amounts and all final fees and costs, shall be a public record.
Summary of Floor Amendments to engrossed bill
1. Makes technical changes.