New York S 9892: Relates to limitations on certain false claims actions

Bill Text

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S09892 Summary:

BILL NOS09892 

&nbsp

SAME ASNo Same As

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SPONSORCOONEY

&nbsp

COSPNSR

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MLTSPNSR

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Amd §190, St Fin L

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Bars actions where the action is based upon allegations or transactions that are the subject of an audit, examination, investigation, or administrative inquiry conducted by the state, a local government, or any executive or administrative agency thereof; or were previously the subject of an audit, examination, investigation, or administrative inquiry conducted by the state, a local government, or any executive or administrative agency thereof that resulted in a final determination, resolution, or payment; requires disclosure of relator identity and basis of knowledge.

Go to top S09892 Actions:

BILL NOS09892 

&nbsp

04/13/2026REFERRED TO FINANCE

Go to topS09892 Committee&nbspVotes:

Go to topS09892 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09892 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9892

 IN SENATE

 April 13, 2026
 ___________

 Introduced by Sen. COONEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Finance

 AN ACT to amend the state finance law, in relation to limitations on
 false claims actions involving resolved matters and disclosure
 requirements for persons initiating such actions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Paragraph (a) of subdivision 9 of section 190 of the state
 2 finance law, as amended by chapter 379 of the laws of 2010, is amended
 3 to read as follows:
 4 (a) The court shall dismiss a qui tam action under this article if:
 5 (i) it is based on allegations or transactions which are the subject
 6 of a pending civil action or an administrative action in which the state
 7 or a local government is already a party;
 8 (ii) the state or local government has reached a binding settlement or
 9 other agreement with the person who violated section one hundred eight-
 10 y-nine of this article resolving the matter [and such agreement has been
 11 approved in writing by the attorney general, or by the applicable local
 12 government attorney]; [or]
 13 (iii) against a member of the legislature, a member of the judiciary,
 14 or a senior executive branch official if the action is based on evidence
 15 or information known to the state when the action was brought[.]; or
 16 (iv) the action is based upon allegations or transactions that:
 17 (A) are the subject of an audit, examination, investigation, or admin-
 18 istrative inquiry conducted by the state, a local government, or any
 19 executive or administrative agency thereof; or
 20 (B) were previously the subject of an audit, examination, investi-
 21 gation, or administrative inquiry conducted by the state, a local
 22 government, or any executive or administrative agency thereof that
 23 resulted in a final determination, resolution, or payment.
 24 § 2. Section 190 of the state finance law is amended by adding a new
 25 subdivision 2-a to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15547-01-6

 S. 9892 2

 1 2-a. Disclosure of relator identity and basis of knowledge. In any
 2 action brought pursuant to this article, the person initiating the
 3 action shall, at the time of filing, plead with particularity:
 4 (a) the identity of the natural person or persons bringing the allega-
 5 tions;
 6 (b) the nature of such person's relationship, if any, to the defend-
 7 ant; and
 8 (c) the manner in which such person obtained the material information
 9 forming the basis of the allegations.
 10 Where the action is brought by an entity, the complaint shall disclose
 11 the natural person or persons who directly or indirectly control or
 12 benefit from such entity. Failure to satisfy the requirements of this
 13 subdivision shall constitute grounds for dismissal.
 14 § 3. This act shall take effect immediately and shall apply to actions
 15 commenced or maintained on or after such effective date.

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