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2018 Georgia Code 49-4-168.4 | Car Wreck Lawyer

TITLE 49 SOCIAL SERVICES

Section 4. Public Assistance, 49-4-1 through 49-4-193.

ARTICLE 7B FALSE MEDICAID CLAIMS

49-4-168.4. Protection of employees from discrimination; relief; statute of limitations.

  1. Any employee, contractor, or agent shall be entitled to all relief necessary to make such employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by such employee, contractor, agent or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article.
  2. Relief under subsection (a) of this Code section shall include reinstatement with the same seniority status that such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. A civil action under this subsection may be brought in an appropriate court of this state for the relief provided in this Code section.
  3. Notwithstanding Code Section 49-4-168.5, a civil action under this Code section may not be brought more than three years after the date when the discrimination occurred.

(Code 1981, §49-4-168.4, enacted by Ga. L. 2007, p. 355, § 3/HB 551; Ga. L. 2012, p. 127, § 2-1/HB 822.)

The 2012 amendment, effective July 1, 2012, substituted the present provisions of this Code section for the former provisions, which read: "Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee, on behalf of the employee or others, in furtherance of a civil action under this article, including investigation for, initiation of, testimony for, or assistance in a civil action filed or to be filed under this article, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay award, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An employee may bring a civil action in an appropriate court of the State of Georgia for the relief provided in this Code section."

JUDICIAL DECISIONS

Failure to show that individual responsible for termination knew of plaintiff's claim.

- Summary judgment was properly granted to all the defendants on the plaintiff's retaliation claim under the Georgia False Medicaid Claim Act, O.C.G.A. § 49-4-168, et seq., because the plaintiff failed to show that the CEO of a physicians services group and a hospital was aware of the plaintiff's complaint under the Stark Act, 42 U.S.C. § 1395nn, at the time the CEO decided to terminate the plaintiff as the plaintiff did not make the plaintiff's Stark Act complaint directly to the CEO; the administrative manager for the physician services group did not testify that the manager advised the CEO about the plaintiff's complaint of a potential Stark Act violation; and the CEO never stated in the CEO's deposition that the CEO was aware of the plaintiff's complaint. Murray v. Cmty. Health Sys. Prof'l Corp., 345 Ga. App. 279, 811 S.E.2d 531 (2018).

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