Former attorney general urges Ohio to adopt state false claims act in Senate Bill 72 hearing

Mark Dahn, former Ohio attorney general, testified before the Senate Judiciary Committee in strong support of Senate Bill 72, arguing Ohio should adopt a state false claims act that complements federal enforcement.

Dahn recounted the history of the federal False Claims Act and said more than 30 states have adopted state analogues. He said SB72 would define claims broadly to cover state-funded programs, prohibit presenting false claims or using false records, target kickbacks tied to Medicaid and workers’ compensation, and provide a damages framework with treble damages and civil penalties. He described mechanisms to reward relators (private whistleblowers) with a share of recoveries, and to allow the attorney general to use civil investigative demands while safeguarding confidentiality for ongoing investigations.

"Senate Bill 72 gives this general assembly the opportunity to adopt a tailored and effective state false claims act that complements federal enforcement," Dahn said, adding the bill balances incentives with gatekeeping provisions to prevent abusive suits. He noted whistleblower protections including reinstatement and double back pay for retaliation victims.

Ranking Member Hicks Hudson asked about the bill’s history; Dahn said attorneys general of both parties have supported the concept in the past and described civil investigative demands as an important investigative tool. The committee noted written proponent testimony from Anne Lugbill for the law firm Murphy Anderson.

Dahn urged the committee to favorably report SB72; no committee vote was taken at the hearing.