Title 13 Part 400

The term person as used herein shall mean any natural person, partnership, corporation, association or any other legal entity or individual, other than the State or a local government.

The term Attorney General as used herein shall mean the Attorney General or his or her deputies, designees, assistants or special assistants.

If any provision herein or the application of such provision to any persons or circumstances shall be held invalid, the validity of the remainder of the provisions and/or the applicability of such provisions to other persons or circumstances shall not be affected thereby.

qui tam actions shall be served on the Attorney General by the personal delivery of the qui tam complaint and accompanying evidence to a person designated to receive service at the Managing Clerk's Office at 28 Liberty Street, New York, NY 10005, unless otherwise authorized by the Attorney General.

qui tam action on its own behalf pursuant to section 190(2) of the False Claims Act, shall cooperate with the Attorney General in any subsequent investigation related to the action.

qui tam plaintiff has 30 days after such time period or extensions expire to decide whether to proceed with the action.

qui tam plaintiff elects to proceed with the action, the qui tam plaintiff shall so advise the court, the State, and applicable local governments, and cause the complaint to be unsealed. After the complaint is unsealed, the qui tam plaintiff shall serve the complaint on any defendant pursuant to the provisions of the Civil Practice Law and Rules and other applicable law.

qui tam plaintiff elects not to proceed with the action, the qui tam plaintiff shall either:

qui tam action, the qui tam plaintiff may not pursue the qui tam action on a pro se basis unless the qui tam plaintiff is an attorney eligible to represent a party before the court in which the qui tam action is proceeding.

The State shall not seek to dismiss, and shall oppose the dismissal, of a qui tam action pursuant to paragraph (b) of subdivision nine of section 190 of the New York False Claims Act in the event that:

The State or a local government's damages shall be trebled or doubled pursuant to section 189 of the New York False Claims Act before any subtractions are made for compensatory payments received by the government from any source, including but not limited to the defendant, or before any subtractions are otherwise made because of any offset or credit received by the government from any source, including but not limited to the defendant.

A person who violates section 189 of the New York False Claims Act shall be liable for the costs, including attorneys' fees, of a civil action brought to recover penalties or damages. Such person shall pay all costs borne by the State, a local government, a qui tam plaintiff, or counsel, as may be applicable. All such costs shall be awarded directly against the defendant and shall not be charged from the proceeds, but shall only be awarded if the State, local government or a qui tam plaintiff prevails in the action.