Tennessee Code Annotated

Title 71: Welfare

Chapter 5: Programs and Services for Poor Persons

Part 1: Medical Assistance Act

TCA 71-5-184: Service -- Limitations.

(a) A subpoena requiring the attendance of a witness at a trial or hearing conducted under SC 71-5-183 may be served at any place in the United States.

(b) A civil action under SC 71-5-183 may not be brought:

(1) More than six (6) years after the date on which the violation of SC 71-5-182 is committed; or

(2) More than three (3) years after the date when facts material to the right of action are known or reasonably should have been known by the official of the state charged with responsibility to act in the circumstances, but in no event more than ten (10) years after the date on which the violation is committed, whichever occurs last.

(c) If the state elects to intervene and proceed with an action brought under SC 71-5-183(b), the state may file its own complaint or amend the complaint of a person who has brought an action under SC 71-5-183(b) to clarify or add detail to the claims in which the state is intervening and to add any additional claims with respect to which the state contends it is entitled to relief. For statute of limitations purposes, any such state pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(d) In any action brought under SC 71-5-183, the state shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

(e) Notwithstanding any other law, the Tennessee Rules of Criminal Procedure, or the Tennessee Rules of Evidence, a final judgment rendered in favor of the state in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought under subsection (a) or (b) or SC 71-5-183.

History: Acts 1993, ch. 364, SC 4; 2012, ch. 806, SC 8.