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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014 ENROLLED
SENATE BILL NO. 459
BY SENATOR CLAITOR
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
fees, and attorney fees only if the court finds, following a contradictory hearing, that18
either of the following apply:19
(a) The action was instituted by the secretary or attorney general pursuant20
to Subsection A of this Section after it should have been determined by the secretary21
or attorney general to be frivolous, vexatious, or brought primarily for the purpose22
of harassment.23
(b) The secretary or attorney general proceeded with the action instituted24
pursuant to Subsection A of this Section after it should have been determined by the25
secretary or attorney general that proceeding would be frivolous, vexatious, or for26
the purpose of harassment.27 SB NO. 459 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Recovery awarded to a prevailing defendant shall be awarded only for1
those reasonable, necessary, and proper costs, expenses, fees, and attorney fees2
actually incurred by the prevailing defendant.3
D. An action to recover costs, expenses, fees, and attorney fees may be4
brought no later than sixty days after the rendering of judgment by the district court,5
unless the district court decision is appealed. If the district court decision is appealed,6
such action may be brought no later than sixty days after the rendering of the final7
opinion on appeal by the court of appeal or, if applicable, by the supreme court.8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: