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Senate Bill S9892

2025-2026 Legislative Session

Relates to limitations on certain false claims actions

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Current Bill Status - In Senate Committee Finance Committee

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Actions

2025-S9892 (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §190, St Fin L

2025-S9892 (ACTIVE) - Summary

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.

2025-S9892 (ACTIVE) - Sponsor Memo

2025-S9892 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9892
 
                             I N  S E N A T E
 
                              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:
 
   Section  1. Paragraph (a) of subdivision 9 of section 190 of the state
 finance law, as amended by chapter 379 of the laws of 2010,  is  amended
 to read as follows:
   (a) The court shall dismiss a qui tam action under this article if:
   (i)  it  is based on allegations or transactions which are the subject
 of a pending civil action or an administrative action in which the state
 or a local government is already a party;
   (ii) the state or local government has reached a binding settlement or
 other agreement with the person who violated section one hundred  eight-
 y-nine of this article resolving the matter [and such agreement has been
 approved  in writing by the attorney general, or by the applicable local
 government attorney]; [or]
   (iii) against a member of the legislature, a member of the  judiciary,
 or a senior executive branch official if the action is based on evidence
 or information known to the state when the action was brought[.]; OR
   (IV) THE ACTION IS BASED UPON ALLEGATIONS OR TRANSACTIONS THAT:
   (A) ARE THE SUBJECT OF AN AUDIT, EXAMINATION, INVESTIGATION, OR ADMIN-
 ISTRATIVE  INQUIRY  CONDUCTED  BY  THE STATE, A LOCAL GOVERNMENT, OR ANY
 EXECUTIVE OR ADMINISTRATIVE AGENCY THEREOF; OR
   (B) WERE PREVIOUSLY THE SUBJECT OF  AN  AUDIT,  EXAMINATION,  INVESTI-
 GATION,  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.
   §  2.  Section 190 of the state finance law is amended by adding a new
 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

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