Okla. Stat. tit. 63, § 63-5053.4

actions or settlement - Award of expenses, fees, and costs.

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A. 1. If the state proceeds with an action brought by a person

under subsection B of Section 5053.2 of this title, the person

shall, subject to paragraph 2 of this subsection, receive at least

fifteen percent (15%) but not more than twenty-five percent (25%) of

the proceeds of the action or settlement of the claim, depending

upon the extent to which the person substantially contributed to the

prosecution of the action.

2. Where the action is one which the court finds to be based

primarily on disclosures of specific information, other than

information provided by the person bringing the action, relating to

allegations or transactions in a criminal, civil or administrative

hearing, in a legislative, administrative or State Auditor and

Inspector report, hearing, audit or investigation, or from the news

media, the court may award such sums as it considers appropriate,

but in no case more than ten percent (10%) of the proceeds, taking

into account the significance of the information and the role of the

person bringing the action in advancing the case to litigation.

3. Any payment to a person under paragraph 1 or 2 of this

subsection shall be made from the proceeds. Any such person shall

also receive an amount for reasonable expenses which the court finds

to have been necessarily incurred, plus reasonable attorney fees and

costs. All such expenses, fees, and costs shall be awarded against

the defendant.

B. If the state does not proceed with an action under Section

5053.2 of this title, the person bringing the action or settling the

claim shall receive an amount which the court decides is reasonable

for collecting the civil penalty and damages. The amount shall be

not less than twenty-five percent (25%) and not more than thirty

percent (30%) of the proceeds of the action or settlement and shall

be paid out of the proceeds. The person shall also receive an

amount for reasonable expenses which the court finds to have been

necessarily incurred, plus reasonable attorney fees and costs. All

such expenses, fees, and costs shall be awarded against the

defendant.

C. Whether or not the state proceeds with the action, if the

court finds that the action was brought by a person who planned and

initiated the violation of the Oklahoma Medicaid False Claims Act

upon which the action was brought, then the court may, to the extent

the court considers appropriate, reduce the share of the proceeds of

the action which the person would otherwise receive under subsection

A or B of this section, taking into account the role of that person

in advancing the case to litigation and any relevant circumstances

pertaining to the violation. If the person bringing the action is

convicted of criminal conduct arising from his or her role in the

violation of the Oklahoma Medicaid False Claims Act, that person

shall be dismissed from the civil action and shall not receive any

share of the proceeds of the action. The dismissal shall not

Oklahoma Statutes - Title 63. Public Health and Safety Page 1756

prejudice the right of this state to continue the action,

represented by the Office of the Attorney General or its assigns.

D. If the state does not proceed with the action and the person

bringing the action conducts the action, the court may award to the

defendant its reasonable attorney fees and expenses if the defendant

prevails in the action and the court finds that the claim of the

person bringing the action was clearly frivolous, clearly vexatious,

or brought primarily for purposes of harassment.