To enact sections 2749.01, 2749.02, 2749.03, 2749.04, 2749.05, 2749.06, 2749.07, 2749.08, 2749.09, and 2749.10 of the Revised Code regarding filing false or fraudulent claims with the state and defrauding the state of money or property.
SB72 creates a new chapter of Ohio law aimed at combating fraud against the state, modeled on a civil false-claims framework. It prohibits knowingly submitting false or misleading claims for state payment or approval, making false records or statements to obtain payment, conspiring to defraud the state, concealing or underpaying money or property owed to the state, improperly buying public property, and using false records to reduce obligations to the state. It also specifically covers kickbacks and referral payments tied to Medicaid and Bureau of Workers’ Compensation-funded health care services.
The bill authorizes the attorney general to investigate suspected violations and bring civil actions to recover penalties and damages. It also allows private whistleblowers to file qui tam-style actions on behalf of the state, subject to sealing, state intervention rights, and limits on duplicate or publicly disclosed claims. Remedies include civil penalties, treble damages in most cases, reduced penalties for prompt self-disclosure and cooperation, attorney’s fees, costs, and anti-retaliation relief for employees who assist in enforcement. The bill further gives the attorney general civil investigative demand powers to compel documents, interrogatory answers, and testimony during investigations, while keeping those materials confidential and exempt from public records disclosure.
SB72 would add an entirely new set of Revised Code sections governing state fraud enforcement and would expand the attorney general’s civil investigative and litigation tools. It would create a state false claims regime that reaches fraud involving state funds, state property, and state-reimbursed claims, and it would supplement existing Medicaid-related enforcement by expressly preserving actions under section 5164.35. The bill would affect contractors, grantees, vendors, health care providers, managed care organizations, and others who seek or receive state money or property, as well as employees who report fraud.
The available context shows no recorded committee testimony or votes, so there is no documented public debate in the provided materials. Based on the bill text, the measure appears to be framed as an anti-fraud and accountability bill, with a generally enforcement-oriented purpose and protections for whistleblowers. Because no vote history or transcript excerpts are provided, support or opposition cannot be measured from the record here.
The main points of potential contention are the breadth of the new liability scheme, the use of qui tam-style private enforcement, and the attorney general’s broad investigative powers. Businesses, contractors, and health care entities could be concerned about exposure to treble damages, civil penalties, sealed litigation, and whistleblower suits based on public disclosures. On the other hand, supporters would likely emphasize stronger fraud recovery, whistleblower incentives, and protections against retaliation. The bill also raises procedural issues such as confidentiality of investigative materials, limits on intervention, and the balance between state control of litigation and private relators’ roles.