View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0166aa,aaS...........................................by HEALTH AND WELFARE MEDICAID FRAUD CONTROL UNIT - Amends and adds to existing law to provide for a Medicaid Fraud Program in the Department of Health and Welfare; to provide referral and compliance requirements; to provide for a minimum for cost recovery; to provide for record retention requirements; to provide for criminal penalties; to establish in the Office of the Attorney General the Medicaid Fraud Control Unit; to provide for costs and reasonable attorney's fees; to require persons asking to be excused from attending, producing or testifying on the grounds of self-incrimination to comply with the request; to provide for the use of information provided by persons privileged to withhold information; to provide authority to the attorney general and any prosecuting attorney to issue subpoenas and compel testimony from custodians; to provide peace officer status to investigators employed by the attorney general; and to revise duties of the attorney general. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Health/Wel 02/21 Rpt out - to Gen Ord 02/22 Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/26 2nd rdg - to 3rd rdg as amen 02/28 3rd rdg as amen - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Roberts Floor Sponsor - Mathews Title apvd - to Senate 03/01 Senate intro - 1st rdg - to Health/Wel 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/15 To 14th Ord 03/16 Rpt out amen - to 1st rdg as amen 03/19 1st rdg - to 2nd rdg as amen Rls susp - PASSED - 32-0-3 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Werk NAYS -- None Absent and excused -- Gannon, Malepeai, Stennett Floor Sponsors - Lodge, Cameron & McGee Title apvd - to House 03/20 House concurred in Senate amens - to engros 03/21 Rpt engros - 1st rdg - to 2nd rdg as amen 03/22 2nd rdg - to 3rd rdg as amen 03/26 3rd rdg as amen - PASSED - 68-0-2 AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Anderson, Edmunson Floor Sponsor - Mathews Title apvd - to enrol 03/27 Rpt enrol - Sp signed 03/28 Pres signed - To Governor 04/02 Governor signed Session Law Chapter 341 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 166 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO MEDICAID; AMENDING SECTION 15-8-103, IDAHO CODE, TO MAKE A TECHNI- 3 CAL CORRECTION; AMENDING SECTION 56-209h, IDAHO CODE, TO DEFINE A TERM, TO 4 PROVIDE FOR A MEDICAID FRAUD PROGRAM IN THE DEPARTMENT OF HEALTH AND WEL- 5 FARE AND THE SCOPE OF SUCH PROGRAM, TO REMOVE A TIME REQUIREMENT, TO 6 REMOVE A CONDITION FOR ACTION, TO PROVIDE FOR ACTION UPON REFERRAL, TO 7 PROVIDE REFERRAL AND COMPLIANCE REQUIREMENTS, TO PROVIDE FOR A MINIMUM FOR 8 COST RECOVERY AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 2, 9 TITLE 56, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 56-209o AND 56-226, 10 IDAHO CODE, TO PROVIDE FOR RECORD RETENTION REQUIREMENTS, TO PROVIDE FOR 11 CRIMINAL PENALTIES, TO ESTABLISH IN THE OFFICE OF THE ATTORNEY GENERAL THE 12 MEDICAID FRAUD CONTROL UNIT, TO PROVIDE THE DUTIES, AUTHORITY AND RESPON- 13 SIBILITIES OF THE UNIT, TO PROVIDE EXCLUSIVE CONTROL OF THE UNIT AND TO 14 DEFINE TERMS; AMENDING SECTION 56-227, IDAHO CODE, TO REMOVE A REQUIREMENT 15 FOR THE DEPARTMENT OF HEALTH AND WELFARE TO ESTABLISH AND OPERATE A FRAUD 16 CONTROL PROGRAM; AMENDING SECTION 56-227B, IDAHO CODE, TO PROVIDE FOR THE 17 RIGHT OF THE ATTORNEY GENERAL TO CAUSE CERTAIN LEGAL ACTION TO BE UNDER- 18 TAKEN, TO PROVIDE FOR COSTS AND REASONABLE ATTORNEY'S FEES TO BE AWARDED 19 TO THE PREVAILING PARTY, TO PROVIDE FOR THE DISPOSITION OF COSTS AND 20 ATTORNEY'S FEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 21 56-227C, IDAHO CODE, TO REQUIRE PERSONS ASKING TO BE EXCUSED FROM ATTEND- 22 ING, PRODUCING OR TESTIFYING ON THE GROUNDS OF SELF-INCRIMINATION TO COM- 23 PLY WITH THE REQUEST, TO PROVIDE FOR THE USE OF INFORMATION PROVIDED BY 24 PERSONS PRIVILEGED TO WITHHOLD INFORMATION, TO PROVIDE AUTHORITY TO THE 25 ATTORNEY GENERAL AND ANY PROSECUTING ATTORNEY TO ISSUE SUBPOENAS AND COM- 26 PEL TESTIMONY FROM CUSTODIANS, TO PROVIDE SUBPOENA REQUIREMENTS, TO PRO- 27 VIDE PROCEDURE AND GROUNDS FOR MODIFYING OR QUASHING A SUBPOENA AND TO 28 PROVIDE PEACE OFFICER STATUS TO INVESTIGATORS EMPLOYED BY THE ATTORNEY 29 GENERAL; AMENDING SECTION 56-227D, IDAHO CODE, TO PROVIDE ENFORCEMENT 30 AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE, TO PRO- 31 VIDE THAT SUCH ENFORCEMENT IS NOT THE RESPONSIBILITY OF THE MEDICAID FRAUD 32 UNIT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 2, TITLE 56, 33 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-227E, IDAHO CODE, TO PRO- 34 VIDE A DESCRIPTION OF OBSTRUCTION OF INVESTIGATION AND TO PROVIDE CRIMINAL 35 PENALTIES; AND AMENDING SECTION 67-1401, IDAHO CODE, TO REVISE DUTIES OF 36 THE ATTORNEY GENERAL AND TO MAKE TECHNICAL CORRECTIONS. 37 Be It Enacted by the Legislature of the State of Idaho: 38 SECTION 1. That Section 15-8-103, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 15-8-103. DEFINITIONS. The definitions in this section apply throughout 41 this chapter unless the context clearly requires otherwise: 42 (1) "Matter" includes any issue, question or dispute involving: 43 (a) The determination of any class of creditors, devisees, legatees, 2 1 heirs, next of kin, or other persons interested in an estate, trust, 2 nonprobate asset, or with respect to any other asset or property interest 3 passing at death; 4 (b) The direction of a personal representative or trustee to do or to 5 abstain from doing any act in a fiduciary capacity; 6 (c) The determination of any question arising in the administration of an 7 estate or trust, or with respect to any nonprobate asset, or with respect 8 to any other asset or property interest passing at death, that may 9 include, without limitation, questions relating to: 10 (i) The construction of wills, trusts, devolution agreements, and 11 other writings; 12 (ii) A change of personal representative or trustee; 13 (iii) A change of the situs of a trust; 14 (iv) An accounting from a personal representative or trustee; or 15 (v) The determination of fees for a personal representative or 16 trustee; 17 (d) The grant to a personal representative or trustee of any necessary or 18 desirable power not otherwise granted in the governing instrument or given 19 by law; 20 (e) The amendment, reformation, or conformation of a will or a trust 21 instrument to comply with statutes and regulations of the United States 22 internal revenue service in order to more efficiently allocate exemptions 23 or to achieve qualification for deductions, elections, and other tax 24 requirements including, but not limited to, the qualification of any gift 25 thereunder for the benefit of a surviving spouse who is not a citizen of 26 the United States for the estate tax marital deduction permitted by fed- 27 eral law, including the addition of mandatory governing instrument 28 requirements for a qualified domestic trust under section 2056A of the 29 Internal Revenue Code, the qualification of any gift thereunder as a qual- 30 ified conservation easement as permitted by federal law, or the qualifica- 31 tion of any gift for the charitable estate tax deduction permitted by fed- 32 eral law, including the addition of mandatory governing instrument 33 requirements for a charitable remainder trust; and 34 (f) With respect to any nonprobate asset, or with respect to any other 35 asset or property interest passing at death, including actual joint ten- 36 ancy property, property subject to a devolution agreement, or assets sub- 37 ject to a pay on death or transfer on death designation: 38 (i) The ascertaining of any class of creditors or others for pur- 39 poses of section 15-6-107, Idaho Code; 40 (ii) The ordering of a custodian of any of the decedent's records 41 relating to a nonprobate asset to do or abstain from doing any par- 42 ticular act with respect to those records; 43 (iii) The determination of any question arising in the administration 44 of a nonprobate asset under section 15-6-107, Idaho Code; 45 (iv) The determination of any questions relating to the abatement, 46 rights of creditors, or other matter relating to the administration, 47 settlement, or final disposition of a nonprobate asset under title 48 15, Idaho Code; and 49 (v) The resolution of any matter referencing this chapter, includ- 50 ing a determination of any questions relating to the ownership or 51 distribution of an individual retirement account on the death of the 52 spouse of the account holder as contemplated by section 11-604A(6), 53 Idaho Code; 54 (g) The resolution of any other matter that could affect the nonprobate 55 asset. 3 1 (2) "Nonprobate assets" means assets that are covered by chapter 6, title 2 15, Idaho Code. 3 (3) "Party" or "parties" means each of the following persons who has an 4 interest in the subject of the particular proceeding and whose name and 5 address are known to, or are reasonably ascertainable by, the petitioner: 6 (a) The trustor if living; 7 (b) The trustee; 8 (c) The personal representative; 9 (d) An heir; 10 (e) A beneficiary, including devisees, legatees, and trust beneficiaries; 11 (f) The surviving spouse of a decedent with respect to his or her inter- 12 est in the decedent's property; 13 (g) A guardian ad litem; 14 (h) A creditor; 15 (i) Any other person who has an interest in the subject of the particular 16 proceeding; 17 (j) The attorney general if required under section 67-1401(5.), Idaho 18 Code; 19 (k) Any duly appointed and acting legal representative of a party such as 20 a guardian, conservator, special representative, or attorney in fact; 21 (l) Where applicable, the virtual representative of any person described 22 in this subsection (3), the giving of notice to whom would meet notice 23 requirements as provided in section 15-8-204, Idaho Code; and 24 (m) The owner or the personal representative of the estate of the 25 deceased owner of the nonprobate asset that is the subject of the particu- 26 lar proceeding, if the subject of the particular proceeding relates to the 27 beneficiary's liability to a decedent's estate or creditors under section 28 15-6-107, Idaho Code. 29 (4) "Persons interested in the estate or trust" means the trustor, if 30 living, all persons beneficially interested in the estate or trust, persons 31 holding powers over the trust or estate assets, the attorney general in the 32 case of any charitable trust where the attorney general would be a necessary 33 party to judicial proceedings concerning the trust, and any personal represen- 34 tative or trustee of the estate or trust. 35 (5) "Representative" and other similar terms refer to a person who virtu- 36 ally represents another person under section 15-8-205, Idaho Code. 37 (6) "Trustee" means any acting and qualified trustee of the trust. 38 SECTION 2. That Section 56-209h, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 56-209h. ADMINISTRATIVE REMEDIES. (1) Definitions. For purposes of this 41 section: 42 (a) "Abuse" or "abusive" means provider practices that are inconsistent 43 with sound fiscal, business, or medical practices, and result in an unnec- 44 essary cost to the medical assistance program, in reimbursement for ser- 45 vices that are not medically necessary or that fail to meet professionally 46 recognized standards for health care, or in physical harm, pain or mental 47 anguish to a medical assistance recipient. 48 (b) "Claim" means any request or demand for payment of items or services 49 under the state's medical assistance program, whether under a contract or 50 otherwise. 51 (c) "Fraud" or "Ffraudulent" means an intentional deception or misrepre- 52 sentation made by a person with the knowledge that the deception could 53 result in some unauthorized benefit to himself or some other person. 4 1 (d) "Knowingly," "known" or "with knowledge" means that a person, with 2 respect to information or an action: 3 (i) Has actual knowledge of the information or action; or 4 (ii) Acts in deliberate ignorance of the truth or falsity of the 5 information or the correctness or incorrectness of the action; or 6 (iii) Acts in reckless disregard of the truth or falsity of the 7 information or the correctness or incorrectness of the action. 8 (e) "Managing employee" means a general manager, business manager, admin- 9 istrator, director or other individual who exercises operational or mana- 10 gerial control over, or who directly or indirectly conducts the day-to-day 11 operation of, an institution, organization or agency. 12 (f) "Medicaid fraud control unit" means that medicaid fraud control unit 13 as provided for in section 56-226, Idaho Code. 14 (g) "Ownership or control interest" means a person or entity that: 15 (i) Has an ownership interest totaling twenty-five percent (25%) or 16 more in an entity; or 17 (ii) Is an officer or director of an entity that is organized as a 18 corporation; or 19 (iii) Is a partner in an entity that is organized as a partnership; 20 or 21 (iv) Is a managing member in an entity that is organized as a lim- 22 ited liability company. 23 (2) The department shall establish and operate an administrative fraud 24 control program to enforce violations of the provisions of this chapter and of 25 the state plan pursuant to subchapters XIX and XXI, chapter 7, title 42, 26 U.S.C., that are outside the scope of the duties of the medicaid fraud control 27 unit and to render and receive referrals from and to said unit. 28 (3) Review of dDocumentation of services. All claims submitted by 29 providers for payment are subject to prepayment and postpayment review as des- 30 ignated by rule. Except as otherwise provided by rule, providers shall gener- 31 ate documentation at the time of service sufficient to support each claim.and32shall retain the documentation for a minimum of five (5) years from the date33the item or service was provided.The department or authorized agent shall be 34 given immediate access to such documentation upon written request. 35 (34) Immediate action. In the event that the department identifies a sus- 36 pected case of fraud or abuse,and the department has reason to believe that37payments made during the investigation may be difficult or impractical to38recover,the department may suspend or withhold payments to the provider pend- 39 ing investigation. In the event that the department identifies a suspected 40 case of fraud or abuse and it determines that it is necessary to prevent or 41 avoid immediate danger to the public health or safety, the department may sum- 42 marily suspend a provider agreement pending investigation. When payments have 43 been suspended or withheld or a provider agreement suspended pending investi- 44 gation, the department shall provide for a hearing within thirty (30) days of 45 receipt of any duly filed notice of appeal. 46 (45) Recovery of payments. Upon referral of a matter from the medicaid 47 fraud control unit, or iIf it is determined by the department that any condi- 48 tion of payment contained in rule, regulation, statute, or provider agreement 49 was not met, the department may initiate administrative proceedings to recover 50 any payments made for items or services. Interest shall accrue on overpayments 51 at the statutory rate set forth in section 28-22-104, Idaho Code, from the 52 date of final determination of the amount owed for items or services until the 53 date of recovery. 54 (56) Provider status. The department may terminate the provider agreement 55 or otherwise deny provider status to any individual or entity who: 5 1 (a) Submits a claim with knowledge that the claim is incorrect, including 2 reporting costs as allowable which were known to be disallowed in a previ- 3 ous audit, unless the provider clearly indicates that the item is being 4 claimed to establish the basis for an appeal and each disputed item and 5 amount is specifically identified; or 6 (b) Submits a fraudulent claim; or 7 (c) Knowingly makes a false statement or representation of material fact 8 in any document required to be maintained or submitted to the department; 9 or 10 (d) Submits a claim for an item or service known to be medically unneces- 11 sary; or 12 (e) Fails to provide, upon written request by the department, immediate 13 access to documentation required to be maintained; or 14 (f) Fails repeatedly or substantially to comply with the rules and regu- 15 lations governing medical assistance payments; or 16 (g) Knowingly violates any material term or condition of its provider 17 agreement; or 18 (h) Has failed to repay, or was a "managing employee" or had an 19 "ownership or control interest" in any entity that has failed to repay, 20 any overpayments or claims previously found to have been obtained contrary 21 to statute, rule, regulation or provider agreement; or 22 (i) Has been found, or was a "managing employee" in any entity which has 23 been found, to have engaged in fraudulent conduct or abusive conduct in 24 connection with the delivery of health care items or services; or 25 (j) Fails to meet the qualifications specifically required by rule or by 26 any applicable licensing board. 27 Any individual or entity denied provider status under this section may be pre- 28 cluded from participating as a provider in the medical assistance program for 29 up to five (5) years from the date the department's action becomes final. 30 (7) The department must refer all cases of suspected fraud to the medic- 31 aid fraud control unit and shall promptly comply with any request from the 32 medicaid fraud control unit for access to and free copies of any records or 33 information kept by the department or its contractors, computerized data 34 stored by the department or its contractors, and any information kept by 35 providers to which the department is authorized access by law. 36 (68) Civil monetary penalties. The department may also assess civil mone- 37 tary penalties against a provider and any officer, director, owner, and/or 38 managing employee of a provider for conduct identified in subsections (56)(a) 39 through (56)(i) of this section. The amount of the penalties shall be up to 40 one thousand dollars ($1,000) for each item or service improperly claimed, 41 except that in the case of multiple penalties the department may reduce the 42 penalties to not less than twenty-five percent (25%) of the amount of each 43 item or service improperly claimed if an amount can be readily determined. 44 Each line item of a claim, or cost on a cost report is considered a separate 45 claim. These penalties are intended to be remedial, recovering at a minimum 46 costs of investigation and administrative review, and placing the costs asso- 47 ciated with noncompliance on the offending provider. 48 (79) Exclusion. Any individual or entity convicted of a criminal offense 49 related to the delivery of an item or service under any state or federal pro- 50 gram shall be excluded from program participation for a period of not less 51 than ten (10) years. Unless otherwise provided in this section or required by 52 federal law, the department may exclude any individual or entity for a period 53 of not less than one (1) year for any conduct for which the secretary of the 54 department of health and human services or designee could exclude an individ- 55 ual or entity. 6 1 (810) Adoption of rules. The department shall promulgate such rules as are 2 necessary to carry out the policies and purposes of this section. 3 SECTION 3. That Chapter 2, Title 56, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 56-209o, Idaho Code, and to read as follows: 6 56-209o. FAILURE TO RETAIN RECORDS. (1) Whoever receives payment for 7 treatment, services or goods under the provisions of this chapter or under the 8 state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., 9 shall retain for a period of at least five (5) years all medical and business 10 records relating to: 11 (a) The treatment or care of any recipient; 12 (b) Services or goods provided to any recipient; 13 (c) Rates paid by the department under the program on behalf of any 14 recipient; and 15 (d) Any records required to be maintained by rule of the department for 16 administration of the medicaid program. 17 (2) It shall be unlawful to intentionally fail to retain the records 18 specified in subsection (1) of this section for a period of at least five (5) 19 years from the date payment was claimed or received, whichever is later, or to 20 knowingly destroy or cause the records specified in subsection (1) of this 21 section to be destroyed within five (5) years from the date payment was 22 claimed or received, whichever is later. Any person who fails to retain 23 records or destroys records or causes records to be destroyed as provided in 24 this subsection (2) shall be subject to the following criminal sanctions: 25 (a) If the treatment, services or goods for which records were not 26 retained or for which records were destroyed amount to not more than one 27 thousand dollars ($1,000), the person shall be guilty of a misdemeanor and 28 shall be sentenced pursuant to section 18-113, Idaho Code. 29 (b) If the value of the treatment, services or goods for which records 30 were not retained or for which records were destroyed is more than one 31 thousand dollars ($1,000), the person shall be guilty of a felony and 32 shall be sentenced pursuant to section 18-112, Idaho Code. 33 (c) If the records not retained or destroyed were used in whole or in 34 part to determine a rate of payment under the program, the person shall be 35 guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, 36 Idaho Code. 37 SECTION 4. That Chapter 2, Title 56, Idaho Code, be, and the same is 38 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 39 ignated as Section 56-226, Idaho Code, and to read as follows: 40 56-226. MEDICAID FRAUD CONTROL UNIT. (1) There is hereby established in 41 the office of the attorney general the medicaid fraud control unit which shall 42 have the authority and responsibilities as set forth in this section. 43 (2) Notwithstanding the authority and responsibility granted to the 44 director of the department to provide for fraud control in other aspects of 45 public assistance and public health programs, the medicaid fraud control unit 46 shall have the authority and responsibility to conduct a statewide program for 47 the investigation and prosecution of violations of all applicable Idaho laws 48 pertaining to fraud in the administration of the medicaid program, the provi- 49 sion of medical assistance and in the activities of providers of medical 50 assistance and services under the state plan. Further, upon approval of the 51 inspector general of the relevant federal agency, the office of the attorney 7 1 general shall have the authority and responsibility to investigate and to 2 prosecute violations of any aspect of the provision of health care services 3 and activities of providers of such services under any federal health care 4 program as defined in 42 U.S.C. section 1320(a)-7b(f)1, if the suspected fraud 5 or violation of law in such investigation or prosecution is substantially 6 related to the state plan. The medicaid fraud control unit shall be under the 7 exclusive control of the attorney general and be separate and distinct from 8 the department. No official from the department shall have authority to review 9 or override the prosecutorial decisions made by the medicaid fraud control 10 unit. 11 (3) The medicaid fraud control unit shall also: 12 (a) Review complaints of abuse or neglect of medicaid recipients in 13 health care facilities which receive payment pursuant to the state plan 14 and may review complaints of the misappropriation of patients' private 15 funds in such facilities; and 16 (b) Review complaints of abuse or neglect of medicaid recipients residing 17 in a board and care facility. 18 (4) The medicaid fraud control unit shall attempt to collect or refer to 19 the department for collection overpayments that are made to providers of 20 facilities under the state plan or under any federal health care program to 21 health care facilities that are the result of fraudulent acts and that are 22 discovered by the medicaid fraud control unit in carrying out its responsibil- 23 ities under this section. Notwithstanding any other provision of Idaho Code, 24 all funds collected by the medicaid fraud control unit in accordance with this 25 subsection (4) shall be deposited into the state general fund. 26 (5) The office of the attorney general shall employ such auditors, attor- 27 neys, investigators and other personnel as are necessary to carry out the 28 responsibilities of the medicaid fraud control unit as set forth under this 29 section. 30 (6) The office of the attorney general shall submit to the secretary of 31 the federal department of health and human services applications and reports 32 containing such information as is determined by the secretary by regulation to 33 be necessary to meet the requirements of subchapter XIX, chapter 7, title 42, 34 U.S.C. 35 (7) In carrying out its duties and responsibilities under this section, 36 the medicaid fraud control unit may: 37 (a) Request and receive the assistance of any prosecutor or law enforce- 38 ment agency in the investigation and prosecution of any violation of any 39 applicable Idaho laws pertaining to fraud in the administration of the 40 medicaid program, the provision of medical assistance and in the activi- 41 ties of providers of medical assistance and services under the state plan; 42 (b) Enter upon the premises of any provider participating in the medicaid 43 program to: 44 (i) Examine all accounts and records that are relevant in determin- 45 ing the existence of fraud in the medicaid program; 46 (ii) Investigate alleged abuse or neglect of medicaid recipients; or 47 (iii) Investigate alleged misappropriation of patients' private 48 funds. The accounts or records of a nonmedicaid recipient may not be 49 reviewed by, or turned over to the medicaid fraud control unit with- 50 out the patient's written consent or a court order; and 51 (c) Notwithstanding any other provision of law, upon written request have 52 full access to all records held by a medicaid provider, or by any other 53 person on his or her behalf, that are relevant to the determination of 54 the: 55 (i) Existence of civil violations or criminal offenses under this 8 1 chapter or related offenses; 2 (ii) Existence of medicaid recipient abuse, mistreatment or neglect; 3 or 4 (iii) Theft of medicaid recipient funds. 5 No person holding such records shall refuse to provide the medicaid fraud 6 control unit access to such records for the purposes described in this 7 section on the basis that release would violate the medicaid recipient's 8 right of privacy or privilege against disclosure or use or any profes- 9 sional or other privilege or right. 10 (8) The medicaid fraud control unit shall safeguard the privacy rights of 11 medicaid recipients to avoid unnecessary disclosure of personal information 12 concerning named medicaid recipients. The medicaid fraud control unit may 13 transmit such information that it deems appropriate to the department and to 14 other agencies concerned with the regulation of health care facilities or 15 health professionals. 16 (9) The attorney general shall have the authority to adopt rules neces- 17 sary to implement the duties and responsibilities assigned to the medicaid 18 fraud control unit under this section. 19 (10) As used in this section: 20 (a) "Board and care facility" means a provider of medicaid services in a 21 residential setting which receives payment from or on behalf of two (2) or 22 more unrelated adults who reside in such facility, and for whom one (1) or 23 more of the following is provided: 24 (i) Nursing care services provided by, or under the supervision of, 25 a registered nurse, licensed practical nurse or certified nurses 26 aide; or 27 (ii) A substantial amount of personal care services that assist res- 28 idents with the activities of daily living, including personal 29 hygiene, dressing, bathing, eating, toileting, ambulation, transfer 30 of positions, self-medication, body care, travel to medical services, 31 essential shopping, meal preparation, laundry and housework. 32 (b) "Department" means the Idaho department of health and welfare. 33 (c) "Director" means the director of the Idaho department of health and 34 welfare. 35 (d) "Medicaid" means Idaho's medical assistance program. 36 (e) "Provider" means any individual, partnership, association, corpora- 37 tion or organization, public or private, which provides residential or 38 assisted living services, certified family home services, nursing facility 39 services or services offered pursuant to medical assistance. 40 (f) "Recipient" means an individual determined eligible by the director 41 for the services provided in the state plan for medicaid. 42 (g) "State plan" means the Idaho state plan pursuant to subchapter XIX, 43 chapter 7, title 42 U.S.C. 44 SECTION 5. That Section 56-227, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 56-227. FRAUDULENT ACTS -- PENALTY. (a) Whoever knowingly obtains, or 47 attempts to obtain, or aids or abets any person in obtaining, by means of a 48 willfully false statement or representation, material omission, or fraudulent 49 devices, public assistance, relief or federal-aid assistance to which he is 50 not entitled, or in an amount greater than that to which he is justly enti- 51 tled, shall be punished in the same manner and to the same extent as for lar- 52 ceny or theft of the money or value of the public assistance so obtained or 53 attempted to be so obtained. 9 1 (b) Whoever sells, conveys, mortgages or otherwise disposes of his prop- 2 erty, real or personal, or conceals his income or resources, for the purpose 3 of rendering him eligible for any form of assistance, theretofore or thereaf- 4 ter applied for, to which he would not otherwise be entitled, shall be pun- 5 ished in the same manner and to the same extent as for larceny or theft of the 6 money or value of the assistance so obtained or so attempted to be obtained. 7 (c) Every person who knowingly aids or abets any person in selling, con- 8 veying, mortgaging or otherwise disposing of his property, real or personal, 9 or in concealing his income or resources for the purpose of rendering him 10 eligible for any form of public assistance or relief, theretofore or thereaf- 11 ter applied for and received, to which he would not otherwise be entitled, 12 shall be punished in the same manner and to the same extent as for larceny or 13 theft of the money or value of the public assistance or relief so obtained or 14 attempted to be obtained. 15 (d) For the purpose of this section federal-aid assistance shall include 16 the specific categories of assistance for which provision is made in any fed- 17 eral law existing or hereafter enacted by the congress of the United States by 18 which payments are made from the federal government to the state in aid or in 19 respect to payment by the state for welfare purposes to any category of needy 20 person and any other program of assistance for which provision for federal 21 funds for aid may from time to time be made. 22(e) The state department of health and welfare shall establish and oper-23ate a fraud control program as permitted by section 416 of the social security24act as now or hereafter amended.25 SECTION 6. That Section 56-227B, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 56-227B. PROVIDER FRAUD -- DAMAGES. Any provider who knowingly with 28 intent to defraud by means of false statement or representation, obtains com- 29 pensation from public funds greater than that to which he is legally entitled 30 for services or supplies furnished or purportedly furnished shall be liable 31 for civil damages equal to three (3) times the amount by which any figure is 32 falsely overstated. The director of the department of health and welfare or 33 the attorney general shall have the right to cause legal action to be taken 34 for the recovery of such damages when persuaded that a reimbursement claim for 35 payment is falsely overstated. The burden of proof for such recovery action 36 shall be that which is used in other civil actions for the recovery of dam- 37 ages. The remedy provided by this section shall be in addition to any other 38 remedy provided by law. 39 If any provider of services or supplies is required to refund or repay all 40 or part of any payment received by said provider under the provisions of this 41 section, said refund or repayment shall bear interest from the date payment 42 was made to such provider to the date of said refund or repayment. Interest 43 shall accrue at the rate of tenper centpercent (10%) per annum.If, as a44result of suchThe prevailing party in an action,the provider of services or45supplies is not required to refund or repay any payment received by said pro-46viderunderthe terms ofthis section,shall be awarded costs and reasonable 47 attorney's feesshall be allowed the providerincurred in bringing or defend- 48 ing the action. Notwithstanding any other provision of the Idaho Code, all 49 costs and attorney's fees awarded to the department of health and welfare or 50 the attorney general pursuant to this section shall be deposited into the 51 state general fund. 52 SECTION 7. That Section 56-227C, Idaho Code, be, and the same is hereby 10 1 amended to read as follows: 2 56-227C. SUBPOENA POWER. (1) The director, or his authorized representa- 3 tive, and the director of the Idaho state police,or his authorized represen- 4 tative,and any prosecuting attorney of any county,for the purposes contem- 5 plated by this act, have power to issue subpoenas, compel the attendance of 6 witnesses, administer oaths, certify to official acts, take depositions within 7 and without the state of Idaho, as now provided by law, compel the production 8 of pertinent books, payrolls, accounts, papers, records, documents and testi- 9 mony. If a person in attendance before such director or his authorized repre- 10 sentativeor prosecuting attorneyrefuses, without reasonable cause, to be 11 examined or to answer a legal and pertinent question, or to produce a book or 12 paper or other evidence when ordered so to do by the director or his autho- 13 rized representative,or prosecuting attorney,said director or his authorized 14 representativeor prosecuting attorneymay apply to the judge of the district 15 court of the county where such person is in attendance, upon affidavit for an 16 order returnable in not less than two (2) or more than five (5) days, direct- 17 ing such person to show cause before such judge, or any other judge of such 18 district, why he should not be punished for contempt; upon the hearing of such 19 order, if the judge shall determine that such person has refused, without rea- 20 sonable cause or legal excuse, to be examined or to answer a legal or perti- 21 nent question, or to produce a book or paper which he was ordered to bring or 22 produce, he may forthwith punish the offender as for contempt of court. 23 (a)NoIf any personshallasks to be excused from attending or testify- 24 ing or from producing any books,orpayrolls, accounts, papers, records, 25ordocuments or other evidence in connection with any investigation or 26 inquirybyor upon any hearing before any officer so authorizeduponpur- 27 suant to this subsection (1), or in any proceeding or action before any 28 court upon a charge or violation of this subsection (1), on the ground 29 that the testimony or evidence, books, papers or documentsrequired of him 30 may tend to incriminate him or subject him to penalty or forfeiture; but31no person shall be prosecuted, punished or subjected to any penalty or32forfeiture for or on account of any act, transaction, matter or thing con-33cerning which he is compelled, after claiming his privileges against self-34incrimination, to testify or produce evidence, documentary or otherwise,35except that any person so testifying shall not be exempt from prosecution36and punishment for perjury committed in so testifying, and if such person, 37 notwithstanding such request, is directed to give such testimony or pro- 38 duce such evidence, the person must, if so directed by the director or his 39 authorized representative, comply with such direction. 40 (b) After complying, and if, but for this subsection (1), the person 41 would have been privileged to withhold the answer given or the evidence 42 produced by him, then the answer, the evidence and any information 43 directly or indirectly derived from the answer or evidence, may not be 44 used against the compelled person in any manner in a criminal case, except 45 that the person may nevertheless be prosecuted or subjected to penalty or 46 forfeiture for any perjury, false swearing or contempt committed in 47 answering or failing to answer or in producing or failing to produce evi- 48 dence in accordance with the order. Such evidence may be used in the 49 refusal, suspension or revocation of any license, permission or authority 50 conferred, or to be conferred, pursuant to Idaho Code. 51 (2) The attorney general or any prosecuting attorney or the designated 52 agent of either shall have the authority to issue subpoenas to an enrolled or 53 formerly enrolled provider of services pursuant to the medicaid program to 54 compel production of books, payrolls, accounts, papers, records, documents and 11 1 other items that may be relevant to an investigation of fraud or other crime 2 directly related to the use of medicaid program funds or services provided 3 through the medicaid program that are not already in the possession of the 4 director of the department of health and welfare or his designated agent. The 5 attorney general or any prosecuting attorney or the designated agent of either 6 may also compel testimony by the custodian of the items subpoenaed concerning 7 the production and authenticity of those items. 8 (a) A subpoena under this subsection (2) shall describe the items 9 required to be produced with particularity and prescribe a return date of 10 a reasonable period of time within which the items can be assembled and 11 made available to the attorney general or any prosecuting attorney or the 12 designated agent of either. 13 (b) At any time before the return date specified in the subpoena, the 14 enrolled or formerly enrolled provider who offers services pursuant to the 15 medicaid program may apply to a judge of the district court of the county 16 where such provider is in attendance, for an order modifying or quashing 17 the subpoena. A subpoena that requests items that are reasonably relevant 18 to an investigation of fraud or other crime directly related to the use of 19 medicaid program funds or services provided through the medicaid program, 20 shall not be modified or quashed. Probable cause for the issuance of an 21 investigatory subpoena under this subsection (2) shall not be required. 22 (3) Subpoenas issued pursuant to this section shall be served and witness 23 fees and mileage paid as allowed in civil cases in the district courts of this 24 state. 25 (4)Inspectors and iInvestigators employed by theIdaho state police26 attorney general for theenforcement of this actinvestigation and prosecution 27 of providers of services pursuant to the medicaid program shall have all the 28 authority given by statute to peace officers of the state of Idaho, including, 29 but not limited to, authority to obtain, serve and execute warrants of arrest 30 and warrants of search and seizure. 31 SECTION 8. That Section 56-227D, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 56-227D. FEDERAL FOOD STAMPS -- UNAUTHORIZED USE -- EXCEPTION -- DEFINI- 34 TION. (a1) It is a misdemeanor for any person to buy, receive, sell, give 35 away, dispose of, exchange or barter any federal food stamps of a value of one 36 hundred fifty dollars ($150) or less, except for the eligible foods for which 37 they are issued. 38 (b2) It is a felony for any person to buy, receive, sell, give away, dis- 39 pose of, exchange or barter any federal food stamps of a value exceeding one 40 hundred fifty dollars ($150), except for the eligible foods for which they are 41 issued. 42 (c3) This section does not apply to any person buying, receiving, sell- 43 ing, giving away, disposing of, exchanging or bartering any federal food 44 stamps subsequent to the redemption of such stamps in the manner provided by 45 state or federal law. 46 (d4) As used in this section, federal food stamps refers to stamps issued 47 for food by the United States department of agriculture or its duly authorized 48 agent. 49 (5) This section shall be enforced by the director of the department of 50 health and welfare in cooperation with local law enforcement and prosecuting 51 agencies. Such enforcement shall not be the responsibility of the medicaid 52 fraud control unit as provided in section 56-226, Idaho Code. 12 1 SECTION 9. That Chapter 2, Title 56, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 56-227E, Idaho Code, and to read as follows: 4 56-227E. OBSTRUCTION OF INVESTIGATION. (1) An obstruction of investiga- 5 tion consists of knowingly: 6 (a) Providing false information to, or knowingly withholding information 7 from, any person authorized to investigate a violation of this chapter or 8 to enforce the criminal or civil remedies of this chapter where that 9 information is material to the investigation or enforcement; or 10 (b) Altering any document or record required to be retained pursuant to 11 this chapter or any rule issued by the department of health and welfare, 12 when the alteration is intended to mislead an investigation and concerns 13 information material to that investigation. 14 (2) Whoever commits an obstruction of investigation shall be guilty of a 15 felony and shall be sentenced pursuant to the provisions of section 18-112, 16 Idaho Code. 17 SECTION 10. That Section 67-1401, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this 20 chapter, it is the duty of the attorney general: 21 (1.) To perform all legal services for the state and to represent the 22 state and all departments, agencies, offices, officers, boards, commissions, 23 institutions and other state entities, in all courts and before all adminis- 24 trative tribunals or bodies of any nature. Representation shall be provided to 25 those entities exempted pursuant to the provisions of section 67-1406, Idaho 26 Code. Whenever required to attend upon any court or administrative tribunal 27 the attorney general shall be allowed necessary and actual expenses, all 28 claims for which shall be audited by the state board of examiners. 29 (2.) To advise all departments, agencies, offices, officers, boards, com- 30 missions, institutions and other state entities in all matters involving ques- 31 tions of law. 32 (3.) After judgment in any of the causes referred to in the first subdi- 33 vision, to direct the issuing of such process as may be necessary to carry the 34 same into execution. 35 (4.) To account for and pay over to the proper officer all moneys 36 received which belong to the state. 37 (5.) To supervise nonprofit corporations, corporations, charitable or 38 benevolent societies, person or persons holding property subject to any public 39 or charitable trust and to enforce whenever necessary any noncompliance or 40 departure from the general purpose of such trust and, in order to accomplish 41 such purpose, said nonprofit corporations, corporations, charitable or benevo- 42 lent societies, person or persons holding property subject to any public or 43 charitable trust are subject at all times to examination by the attorney gen- 44 eral, on behalf of the state, to ascertain the condition of its affairs and to 45 what extent, if at all, said trustee or trustees may have failed to comply 46 with trusts said trustee or trustees have assumed or may have departed from 47 the general purpose for which it was formed. In case of any such failure or 48 departure, the attorney general shall institute, in the name of the state, any 49 proceeding necessary to enforce compliance with the terms of the trust or any 50 departure therefrom. 51 (6.) To give an opinion in writing, without fee, to the legislature or 52 either house thereof, or any senator or representative, and to the governor, 13 1 secretary of state, treasurer, state controller, and the superintendent of 2 public instruction, when requested, upon any question of law relating to their 3 respective offices. The attorney general shall keep a record of all written 4 opinions rendered by the office and such opinions shall be compiled annually 5 and made available for public inspection. All costs incurred in the prepara- 6 tion of said opinions shall be borne by the office of the attorney general. A 7 copy of the opinions shall be furnished to the supreme court and to the state 8 librarian. 9 (7.) When required by the public service, to repair to any county in the 10 state and assist the prosecuting attorney thereof in the discharge of duties. 11 (8.) To bid upon and purchase, when necessary, in the name of the state, 12 and under the direction of the state controller, any property offered for sale 13 under execution issued upon judgments in favor of or for the use of the state, 14 and to enter satisfaction in whole or in part of such judgments as the consid- 15 eration for such purchases. 16 (9.) Whenever the property of a judgment debtor in any judgment mentioned 17 in the preceding subdivision has been sold under a prior judgment, or is sub- 18 ject to any judgment, lien, or encumbrance, taking precedence of the judgment 19 in favor of the state, under the direction of the state controller, to redeem 20 such property from such prior judgment, lien, or encumbrance; and all sums of 21 money necessary for such redemption must, upon the order of the board of exam- 22 iners, be paid out of any money appropriated for such purposes. 23 (10.) When necessary for the collection or enforcement of any judgment 24 hereinbefore mentioned, to institute and prosecute, in behalf of the state, 25 such suits or other proceedings as may be necessary to set aside and annul all 26 conveyances fraudulently made by such judgment debtors; the cost necessary to 27 the prosecution must, when allowed by the board of examiners, be paid out of 28 any appropriations for the prosecution of delinquents. 29 (11.) To exercise all the common law power and authority usually apper- 30 taining to the office and to discharge the other duties prescribed by law. 31 (12.) To report to the governor, at the time required by this code, the 32 condition of the affairs of the attorney general's office and of the reports 33 received from prosecuting attorneys. 34 (13.) To appoint deputy attorneys general and special deputy attorneys 35 general and other necessary staff to assist in the performance of the duties 36 of the office. Such deputies and staff shall be nonclassified employees within 37 the meaning of section 67-5302, Idaho Code. 38 (14) To establish a medicaid fraud control unit pursuant to the provi- 39 sions of section 56-226, Idaho Code, and to exercise concurrent investigative 40 and prosecutorial authority and responsibility with county prosecutors to 41 prosecute persons for the violation of the criminal provisions of chapter 2, 42 title 56, Idaho Code, and for criminal offenses that are not defined in said 43 chapter 2, title 56, Idaho Code, but that involve or are directly related to 44 the use of medicaid program funds or services provided through the medicaid 45 program.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved by Lodge Seconded by Burkett IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 166, As Amended 1 AMENDMENT TO SECTION 2 2 On page 4 of the engrossed bill, delete lines 36 through 38, and insert: 3 "pected case of fraud or abuse and the department has reason to believe that 4 payments made during the investigation may be difficult or impractical to 5 recover, the department may suspend or withhold payments to the provider 6 pend-". 7 AMENDMENT TO SECTION 3 8 On page 6, delete lines 9 through 15, and insert: "shall retain for a 9 period of at least five (5) years all records required to be maintained by 10 rule of the department for". 11 AMENDMENTS TO SECTION 7 12 On page 11, delete lines 3 and 4, and insert: "compel production of any 13 books, payrolls, accounts, papers, records or documents that are required to 14 be maintained under the medicaid provider agreement executed by such provider 15 or formerly enrolled provider as may be relevant to an investigation of fraud 16 or other crime"; and delete lines 10 through 24, and insert: "the production 17 and authenticity of those items. Subpoenas for records or information which 18 are not required to be maintained under a provider agreement shall only be 19 issued through subpoena powers in judicial proceedings. A subpoena under this 20 subsection (2) shall describe the items required to be produced with particu- 21 larity and prescribe a return date of a reasonable period of time within which 22 the items can be assembled and made available to the attorney general or any 23 prosecuting attorney or the designated agent of either.". 24 AMENDMENTS TO SECTION 9 25 On page 12, in line 9, following "person" insert: "requesting such infor- 26 mation if that person is"; and in line 11, following "is" insert: "properly 27 requested and is". 28 CORRECTION TO TITLE 29 On page 1, in line 6, delete "REMOVE A CONDITION FOR ACTION, TO". 2 Moved by Henbest Seconded by Bilbao IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 166 1 AMENDMENTS TO SECTION 3 2 On page 6 of the printed bill, in line 17, delete "to intentionally" and 3 insert: "with an intent to evade or avoid the provisions of this act: to"; in 4 line 19, following "later" delete "," and insert: ";"; in line 22, following 5 "who" insert: ", with an intent to evade or avoid the provisions of this 6 act,"; and in line 24, following "(2)" insert: ", with an intent to evade or 7 avoid the provisions of this act,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 166, As Amended, As Amended in the Senate BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO MEDICAID; AMENDING SECTION 15-8-103, IDAHO CODE, TO MAKE A TECHNI- 3 CAL CORRECTION; AMENDING SECTION 56-209h, IDAHO CODE, TO DEFINE A TERM, TO 4 PROVIDE FOR A MEDICAID FRAUD PROGRAM IN THE DEPARTMENT OF HEALTH AND WEL- 5 FARE AND THE SCOPE OF SUCH PROGRAM, TO REMOVE A TIME REQUIREMENT, TO PRO- 6 VIDE FOR ACTION UPON REFERRAL, TO PROVIDE REFERRAL AND COMPLIANCE REQUIRE- 7 MENTS, TO PROVIDE FOR A MINIMUM FOR COST RECOVERY AND TO MAKE A TECHNICAL 8 CORRECTION; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF 9 NEW SECTIONS 56-209o AND 56-226, IDAHO CODE, TO PROVIDE FOR RECORD RETEN- 10 TION REQUIREMENTS, TO PROVIDE FOR CRIMINAL PENALTIES, TO ESTABLISH IN THE 11 OFFICE OF THE ATTORNEY GENERAL THE MEDICAID FRAUD CONTROL UNIT, TO PROVIDE 12 THE DUTIES, AUTHORITY AND RESPONSIBILITIES OF THE UNIT, TO PROVIDE EXCLU- 13 SIVE CONTROL OF THE UNIT AND TO DEFINE TERMS; AMENDING SECTION 56-227, 14 IDAHO CODE, TO REMOVE A REQUIREMENT FOR THE DEPARTMENT OF HEALTH AND WEL- 15 FARE TO ESTABLISH AND OPERATE A FRAUD CONTROL PROGRAM; AMENDING SECTION 16 56-227B, IDAHO CODE, TO PROVIDE FOR THE RIGHT OF THE ATTORNEY GENERAL TO 17 CAUSE CERTAIN LEGAL ACTION TO BE UNDERTAKEN, TO PROVIDE FOR COSTS AND REA- 18 SONABLE ATTORNEY'S FEES TO BE AWARDED TO THE PREVAILING PARTY, TO PROVIDE 19 FOR THE DISPOSITION OF COSTS AND ATTORNEY'S FEES AND TO MAKE A TECHNICAL 20 CORRECTION; AMENDING SECTION 56-227C, IDAHO CODE, TO REQUIRE PERSONS ASK- 21 ING TO BE EXCUSED FROM ATTENDING, PRODUCING OR TESTIFYING ON THE GROUNDS 22 OF SELF-INCRIMINATION TO COMPLY WITH THE REQUEST, TO PROVIDE FOR THE USE 23 OF INFORMATION PROVIDED BY PERSONS PRIVILEGED TO WITHHOLD INFORMATION, TO 24 PROVIDE AUTHORITY TO THE ATTORNEY GENERAL AND ANY PROSECUTING ATTORNEY TO 25 ISSUE SUBPOENAS AND COMPEL TESTIMONY FROM CUSTODIANS, TO PROVIDE SUBPOENA 26 REQUIREMENTS, TO PROVIDE PROCEDURE AND GROUNDS FOR MODIFYING OR QUASHING A 27 SUBPOENA AND TO PROVIDE PEACE OFFICER STATUS TO INVESTIGATORS EMPLOYED BY 28 THE ATTORNEY GENERAL; AMENDING SECTION 56-227D, IDAHO CODE, TO PROVIDE 29 ENFORCEMENT AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WEL- 30 FARE, TO PROVIDE THAT SUCH ENFORCEMENT IS NOT THE RESPONSIBILITY OF THE 31 MEDICAID FRAUD UNIT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 2, 32 TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-227E, IDAHO 33 CODE, TO PROVIDE A DESCRIPTION OF OBSTRUCTION OF INVESTIGATION AND TO PRO- 34 VIDE CRIMINAL PENALTIES; AND AMENDING SECTION 67-1401, IDAHO CODE, TO 35 REVISE DUTIES OF THE ATTORNEY GENERAL AND TO MAKE TECHNICAL CORRECTIONS. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 15-8-103, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 15-8-103. DEFINITIONS. The definitions in this section apply throughout 40 this chapter unless the context clearly requires otherwise: 41 (1) "Matter" includes any issue, question or dispute involving: 42 (a) The determination of any class of creditors, devisees, legatees, 43 heirs, next of kin, or other persons interested in an estate, trust, 2 1 nonprobate asset, or with respect to any other asset or property interest 2 passing at death; 3 (b) The direction of a personal representative or trustee to do or to 4 abstain from doing any act in a fiduciary capacity; 5 (c) The determination of any question arising in the administration of an 6 estate or trust, or with respect to any nonprobate asset, or with respect 7 to any other asset or property interest passing at death, that may 8 include, without limitation, questions relating to: 9 (i) The construction of wills, trusts, devolution agreements, and 10 other writings; 11 (ii) A change of personal representative or trustee; 12 (iii) A change of the situs of a trust; 13 (iv) An accounting from a personal representative or trustee; or 14 (v) The determination of fees for a personal representative or 15 trustee; 16 (d) The grant to a personal representative or trustee of any necessary or 17 desirable power not otherwise granted in the governing instrument or given 18 by law; 19 (e) The amendment, reformation, or conformation of a will or a trust 20 instrument to comply with statutes and regulations of the United States 21 internal revenue service in order to more efficiently allocate exemptions 22 or to achieve qualification for deductions, elections, and other tax 23 requirements including, but not limited to, the qualification of any gift 24 thereunder for the benefit of a surviving spouse who is not a citizen of 25 the United States for the estate tax marital deduction permitted by fed- 26 eral law, including the addition of mandatory governing instrument 27 requirements for a qualified domestic trust under section 2056A of the 28 Internal Revenue Code, the qualification of any gift thereunder as a qual- 29 ified conservation easement as permitted by federal law, or the qualifica- 30 tion of any gift for the charitable estate tax deduction permitted by fed- 31 eral law, including the addition of mandatory governing instrument 32 requirements for a charitable remainder trust; and 33 (f) With respect to any nonprobate asset, or with respect to any other 34 asset or property interest passing at death, including actual joint ten- 35 ancy property, property subject to a devolution agreement, or assets sub- 36 ject to a pay on death or transfer on death designation: 37 (i) The ascertaining of any class of creditors or others for pur- 38 poses of section 15-6-107, Idaho Code; 39 (ii) The ordering of a custodian of any of the decedent's records 40 relating to a nonprobate asset to do or abstain from doing any par- 41 ticular act with respect to those records; 42 (iii) The determination of any question arising in the administration 43 of a nonprobate asset under section 15-6-107, Idaho Code; 44 (iv) The determination of any questions relating to the abatement, 45 rights of creditors, or other matter relating to the administration, 46 settlement, or final disposition of a nonprobate asset under title 47 15, Idaho Code; and 48 (v) The resolution of any matter referencing this chapter, includ- 49 ing a determination of any questions relating to the ownership or 50 distribution of an individual retirement account on the death of the 51 spouse of the account holder as contemplated by section 11-604A(6), 52 Idaho Code; 53 (g) The resolution of any other matter that could affect the nonprobate 54 asset. 55 (2) "Nonprobate assets" means assets that are covered by chapter 6, title 3 1 15, Idaho Code. 2 (3) "Party" or "parties" means each of the following persons who has an 3 interest in the subject of the particular proceeding and whose name and 4 address are known to, or are reasonably ascertainable by, the petitioner: 5 (a) The trustor if living; 6 (b) The trustee; 7 (c) The personal representative; 8 (d) An heir; 9 (e) A beneficiary, including devisees, legatees, and trust beneficiaries; 10 (f) The surviving spouse of a decedent with respect to his or her inter- 11 est in the decedent's property; 12 (g) A guardian ad litem; 13 (h) A creditor; 14 (i) Any other person who has an interest in the subject of the particular 15 proceeding; 16 (j) The attorney general if required under section 67-1401(5.), Idaho 17 Code; 18 (k) Any duly appointed and acting legal representative of a party such as 19 a guardian, conservator, special representative, or attorney in fact; 20 (l) Where applicable, the virtual representative of any person described 21 in this subsection (3), the giving of notice to whom would meet notice 22 requirements as provided in section 15-8-204, Idaho Code; and 23 (m) The owner or the personal representative of the estate of the 24 deceased owner of the nonprobate asset that is the subject of the particu- 25 lar proceeding, if the subject of the particular proceeding relates to the 26 beneficiary's liability to a decedent's estate or creditors under section 27 15-6-107, Idaho Code. 28 (4) "Persons interested in the estate or trust" means the trustor, if 29 living, all persons beneficially interested in the estate or trust, persons 30 holding powers over the trust or estate assets, the attorney general in the 31 case of any charitable trust where the attorney general would be a necessary 32 party to judicial proceedings concerning the trust, and any personal represen- 33 tative or trustee of the estate or trust. 34 (5) "Representative" and other similar terms refer to a person who virtu- 35 ally represents another person under section 15-8-205, Idaho Code. 36 (6) "Trustee" means any acting and qualified trustee of the trust. 37 SECTION 2. That Section 56-209h, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 56-209h. ADMINISTRATIVE REMEDIES. (1) Definitions. For purposes of this 40 section: 41 (a) "Abuse" or "abusive" means provider practices that are inconsistent 42 with sound fiscal, business, or medical practices, and result in an unnec- 43 essary cost to the medical assistance program, in reimbursement for ser- 44 vices that are not medically necessary or that fail to meet professionally 45 recognized standards for health care, or in physical harm, pain or mental 46 anguish to a medical assistance recipient. 47 (b) "Claim" means any request or demand for payment of items or services 48 under the state's medical assistance program, whether under a contract or 49 otherwise. 50 (c) "Fraud" or "Ffraudulent" means an intentional deception or misrepre- 51 sentation made by a person with the knowledge that the deception could 52 result in some unauthorized benefit to himself or some other person. 53 (d) "Knowingly," "known" or "with knowledge" means that a person, with 4 1 respect to information or an action: 2 (i) Has actual knowledge of the information or action; or 3 (ii) Acts in deliberate ignorance of the truth or falsity of the 4 information or the correctness or incorrectness of the action; or 5 (iii) Acts in reckless disregard of the truth or falsity of the 6 information or the correctness or incorrectness of the action. 7 (e) "Managing employee" means a general manager, business manager, admin- 8 istrator, director or other individual who exercises operational or mana- 9 gerial control over, or who directly or indirectly conducts the day-to-day 10 operation of, an institution, organization or agency. 11 (f) "Medicaid fraud control unit" means that medicaid fraud control unit 12 as provided for in section 56-226, Idaho Code. 13 (g) "Ownership or control interest" means a person or entity that: 14 (i) Has an ownership interest totaling twenty-five percent (25%) or 15 more in an entity; or 16 (ii) Is an officer or director of an entity that is organized as a 17 corporation; or 18 (iii) Is a partner in an entity that is organized as a partnership; 19 or 20 (iv) Is a managing member in an entity that is organized as a lim- 21 ited liability company. 22 (2) The department shall establish and operate an administrative fraud 23 control program to enforce violations of the provisions of this chapter and of 24 the state plan pursuant to subchapters XIX and XXI, chapter 7, title 42, 25 U.S.C., that are outside the scope of the duties of the medicaid fraud control 26 unit and to render and receive referrals from and to said unit. 27 (3) Review of dDocumentation of services. All claims submitted by 28 providers for payment are subject to prepayment and postpayment review as des- 29 ignated by rule. Except as otherwise provided by rule, providers shall gener- 30 ate documentation at the time of service sufficient to support each claim.and31shall retain the documentation for a minimum of five (5) years from the date32the item or service was provided.The department or authorized agent shall be 33 given immediate access to such documentation upon written request. 34 (34) Immediate action. In the event that the department identifies a sus- 35 pected case of fraud or abuse and the department has reason to believe that 36 payments made during the investigation may be difficult or impractical to 37 recover, the department may suspend or withhold payments to the provider pend- 38 ing investigation. In the event that the department identifies a suspected 39 case of fraud or abuse and it determines that it is necessary to prevent or 40 avoid immediate danger to the public health or safety, the department may sum- 41 marily suspend a provider agreement pending investigation. When payments have 42 been suspended or withheld or a provider agreement suspended pending investi- 43 gation, the department shall provide for a hearing within thirty (30) days of 44 receipt of any duly filed notice of appeal. 45 (45) Recovery of payments. Upon referral of a matter from the medicaid 46 fraud control unit, or iIf it is determined by the department that any condi- 47 tion of payment contained in rule, regulation, statute, or provider agreement 48 was not met, the department may initiate administrative proceedings to recover 49 any payments made for items or services. Interest shall accrue on overpayments 50 at the statutory rate set forth in section 28-22-104, Idaho Code, from the 51 date of final determination of the amount owed for items or services until the 52 date of recovery. 53 (56) Provider status. The department may terminate the provider agreement 54 or otherwise deny provider status to any individual or entity who: 55 (a) Submits a claim with knowledge that the claim is incorrect, including 5 1 reporting costs as allowable which were known to be disallowed in a previ- 2 ous audit, unless the provider clearly indicates that the item is being 3 claimed to establish the basis for an appeal and each disputed item and 4 amount is specifically identified; or 5 (b) Submits a fraudulent claim; or 6 (c) Knowingly makes a false statement or representation of material fact 7 in any document required to be maintained or submitted to the department; 8 or 9 (d) Submits a claim for an item or service known to be medically unneces- 10 sary; or 11 (e) Fails to provide, upon written request by the department, immediate 12 access to documentation required to be maintained; or 13 (f) Fails repeatedly or substantially to comply with the rules and regu- 14 lations governing medical assistance payments; or 15 (g) Knowingly violates any material term or condition of its provider 16 agreement; or 17 (h) Has failed to repay, or was a "managing employee" or had an 18 "ownership or control interest" in any entity that has failed to repay, 19 any overpayments or claims previously found to have been obtained contrary 20 to statute, rule, regulation or provider agreement; or 21 (i) Has been found, or was a "managing employee" in any entity which has 22 been found, to have engaged in fraudulent conduct or abusive conduct in 23 connection with the delivery of health care items or services; or 24 (j) Fails to meet the qualifications specifically required by rule or by 25 any applicable licensing board. 26 Any individual or entity denied provider status under this section may be pre- 27 cluded from participating as a provider in the medical assistance program for 28 up to five (5) years from the date the department's action becomes final. 29 (7) The department must refer all cases of suspected fraud to the medic- 30 aid fraud control unit and shall promptly comply with any request from the 31 medicaid fraud control unit for access to and free copies of any records or 32 information kept by the department or its contractors, computerized data 33 stored by the department or its contractors, and any information kept by 34 providers to which the department is authorized access by law. 35 (68) Civil monetary penalties. The department may also assess civil mone- 36 tary penalties against a provider and any officer, director, owner, and/or 37 managing employee of a provider for conduct identified in subsections (56)(a) 38 through (56)(i) of this section. The amount of the penalties shall be up to 39 one thousand dollars ($1,000) for each item or service improperly claimed, 40 except that in the case of multiple penalties the department may reduce the 41 penalties to not less than twenty-five percent (25%) of the amount of each 42 item or service improperly claimed if an amount can be readily determined. 43 Each line item of a claim, or cost on a cost report is considered a separate 44 claim. These penalties are intended to be remedial, recovering at a minimum 45 costs of investigation and administrative review, and placing the costs asso- 46 ciated with noncompliance on the offending provider. 47 (79) Exclusion. Any individual or entity convicted of a criminal offense 48 related to the delivery of an item or service under any state or federal pro- 49 gram shall be excluded from program participation for a period of not less 50 than ten (10) years. Unless otherwise provided in this section or required by 51 federal law, the department may exclude any individual or entity for a period 52 of not less than one (1) year for any conduct for which the secretary of the 53 department of health and human services or designee could exclude an individ- 54 ual or entity. 55 (810) Adoption of rules. The department shall promulgate such rules as are 6 1 necessary to carry out the policies and purposes of this section. 2 SECTION 3. That Chapter 2, Title 56, Idaho Code, be, and the same is 3 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 4 ignated as Section 56-209o, Idaho Code, and to read as follows: 5 56-209o. FAILURE TO RETAIN RECORDS. (1) Whoever receives payment for 6 treatment, services or goods under the provisions of this chapter or under the 7 state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., 8 shall retain for a period of at least five (5) years all records required to 9 be maintained by rule of the department for administration of the medicaid 10 program. 11 (2) It shall be unlawful with an intent to evade or avoid the provisions 12 of this act: to fail to retain the records specified in subsection (1) of this 13 section for a period of at least five (5) years from the date payment was 14 claimed or received, whichever is later; or to knowingly destroy or cause the 15 records specified in subsection (1) of this section to be destroyed within 16 five (5) years from the date payment was claimed or received, whichever is 17 later. Any person who, with an intent to evade or avoid the provisions of this 18 act, fails to retain records or destroys records or causes records to be 19 destroyed as provided in this subsection (2), with an intent to evade or avoid 20 the provisions of this act, shall be subject to the following criminal sanc- 21 tions: 22 (a) If the treatment, services or goods for which records were not 23 retained or for which records were destroyed amount to not more than one 24 thousand dollars ($1,000), the person shall be guilty of a misdemeanor and 25 shall be sentenced pursuant to section 18-113, Idaho Code. 26 (b) If the value of the treatment, services or goods for which records 27 were not retained or for which records were destroyed is more than one 28 thousand dollars ($1,000), the person shall be guilty of a felony and 29 shall be sentenced pursuant to section 18-112, Idaho Code. 30 (c) If the records not retained or destroyed were used in whole or in 31 part to determine a rate of payment under the program, the person shall be 32 guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, 33 Idaho Code. 34 SECTION 4. That Chapter 2, Title 56, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 56-226, Idaho Code, and to read as follows: 37 56-226. MEDICAID FRAUD CONTROL UNIT. (1) There is hereby established in 38 the office of the attorney general the medicaid fraud control unit which shall 39 have the authority and responsibilities as set forth in this section. 40 (2) Notwithstanding the authority and responsibility granted to the 41 director of the department to provide for fraud control in other aspects of 42 public assistance and public health programs, the medicaid fraud control unit 43 shall have the authority and responsibility to conduct a statewide program for 44 the investigation and prosecution of violations of all applicable Idaho laws 45 pertaining to fraud in the administration of the medicaid program, the provi- 46 sion of medical assistance and in the activities of providers of medical 47 assistance and services under the state plan. Further, upon approval of the 48 inspector general of the relevant federal agency, the office of the attorney 49 general shall have the authority and responsibility to investigate and to 50 prosecute violations of any aspect of the provision of health care services 51 and activities of providers of such services under any federal health care 7 1 program as defined in 42 U.S.C. section 1320(a)-7b(f)1, if the suspected fraud 2 or violation of law in such investigation or prosecution is substantially 3 related to the state plan. The medicaid fraud control unit shall be under the 4 exclusive control of the attorney general and be separate and distinct from 5 the department. No official from the department shall have authority to review 6 or override the prosecutorial decisions made by the medicaid fraud control 7 unit. 8 (3) The medicaid fraud control unit shall also: 9 (a) Review complaints of abuse or neglect of medicaid recipients in 10 health care facilities which receive payment pursuant to the state plan 11 and may review complaints of the misappropriation of patients' private 12 funds in such facilities; and 13 (b) Review complaints of abuse or neglect of medicaid recipients residing 14 in a board and care facility. 15 (4) The medicaid fraud control unit shall attempt to collect or refer to 16 the department for collection overpayments that are made to providers of 17 facilities under the state plan or under any federal health care program to 18 health care facilities that are the result of fraudulent acts and that are 19 discovered by the medicaid fraud control unit in carrying out its responsibil- 20 ities under this section. Notwithstanding any other provision of Idaho Code, 21 all funds collected by the medicaid fraud control unit in accordance with this 22 subsection (4) shall be deposited into the state general fund. 23 (5) The office of the attorney general shall employ such auditors, attor- 24 neys, investigators and other personnel as are necessary to carry out the 25 responsibilities of the medicaid fraud control unit as set forth under this 26 section. 27 (6) The office of the attorney general shall submit to the secretary of 28 the federal department of health and human services applications and reports 29 containing such information as is determined by the secretary by regulation to 30 be necessary to meet the requirements of subchapter XIX, chapter 7, title 42, 31 U.S.C. 32 (7) In carrying out its duties and responsibilities under this section, 33 the medicaid fraud control unit may: 34 (a) Request and receive the assistance of any prosecutor or law enforce- 35 ment agency in the investigation and prosecution of any violation of any 36 applicable Idaho laws pertaining to fraud in the administration of the 37 medicaid program, the provision of medical assistance and in the activi- 38 ties of providers of medical assistance and services under the state plan; 39 (b) Enter upon the premises of any provider participating in the medicaid 40 program to: 41 (i) Examine all accounts and records that are relevant in determin- 42 ing the existence of fraud in the medicaid program; 43 (ii) Investigate alleged abuse or neglect of medicaid recipients; or 44 (iii) Investigate alleged misappropriation of patients' private 45 funds. The accounts or records of a nonmedicaid recipient may not be 46 reviewed by, or turned over to the medicaid fraud control unit with- 47 out the patient's written consent or a court order; and 48 (c) Notwithstanding any other provision of law, upon written request have 49 full access to all records held by a medicaid provider, or by any other 50 person on his or her behalf, that are relevant to the determination of 51 the: 52 (i) Existence of civil violations or criminal offenses under this 53 chapter or related offenses; 54 (ii) Existence of medicaid recipient abuse, mistreatment or neglect; 55 or 8 1 (iii) Theft of medicaid recipient funds. 2 No person holding such records shall refuse to provide the medicaid fraud 3 control unit access to such records for the purposes described in this 4 section on the basis that release would violate the medicaid recipient's 5 right of privacy or privilege against disclosure or use or any profes- 6 sional or other privilege or right. 7 (8) The medicaid fraud control unit shall safeguard the privacy rights of 8 medicaid recipients to avoid unnecessary disclosure of personal information 9 concerning named medicaid recipients. The medicaid fraud control unit may 10 transmit such information that it deems appropriate to the department and to 11 other agencies concerned with the regulation of health care facilities or 12 health professionals. 13 (9) The attorney general shall have the authority to adopt rules neces- 14 sary to implement the duties and responsibilities assigned to the medicaid 15 fraud control unit under this section. 16 (10) As used in this section: 17 (a) "Board and care facility" means a provider of medicaid services in a 18 residential setting which receives payment from or on behalf of two (2) or 19 more unrelated adults who reside in such facility, and for whom one (1) or 20 more of the following is provided: 21 (i) Nursing care services provided by, or under the supervision of, 22 a registered nurse, licensed practical nurse or certified nurses 23 aide; or 24 (ii) A substantial amount of personal care services that assist res- 25 idents with the activities of daily living, including personal 26 hygiene, dressing, bathing, eating, toileting, ambulation, transfer 27 of positions, self-medication, body care, travel to medical services, 28 essential shopping, meal preparation, laundry and housework. 29 (b) "Department" means the Idaho department of health and welfare. 30 (c) "Director" means the director of the Idaho department of health and 31 welfare. 32 (d) "Medicaid" means Idaho's medical assistance program. 33 (e) "Provider" means any individual, partnership, association, corpora- 34 tion or organization, public or private, which provides residential or 35 assisted living services, certified family home services, nursing facility 36 services or services offered pursuant to medical assistance. 37 (f) "Recipient" means an individual determined eligible by the director 38 for the services provided in the state plan for medicaid. 39 (g) "State plan" means the Idaho state plan pursuant to subchapter XIX, 40 chapter 7, title 42 U.S.C. 41 SECTION 5. That Section 56-227, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 56-227. FRAUDULENT ACTS -- PENALTY. (a) Whoever knowingly obtains, or 44 attempts to obtain, or aids or abets any person in obtaining, by means of a 45 willfully false statement or representation, material omission, or fraudulent 46 devices, public assistance, relief or federal-aid assistance to which he is 47 not entitled, or in an amount greater than that to which he is justly enti- 48 tled, shall be punished in the same manner and to the same extent as for lar- 49 ceny or theft of the money or value of the public assistance so obtained or 50 attempted to be so obtained. 51 (b) Whoever sells, conveys, mortgages or otherwise disposes of his prop- 52 erty, real or personal, or conceals his income or resources, for the purpose 53 of rendering him eligible for any form of assistance, theretofore or thereaf- 9 1 ter applied for, to which he would not otherwise be entitled, shall be pun- 2 ished in the same manner and to the same extent as for larceny or theft of the 3 money or value of the assistance so obtained or so attempted to be obtained. 4 (c) Every person who knowingly aids or abets any person in selling, con- 5 veying, mortgaging or otherwise disposing of his property, real or personal, 6 or in concealing his income or resources for the purpose of rendering him 7 eligible for any form of public assistance or relief, theretofore or thereaf- 8 ter applied for and received, to which he would not otherwise be entitled, 9 shall be punished in the same manner and to the same extent as for larceny or 10 theft of the money or value of the public assistance or relief so obtained or 11 attempted to be obtained. 12 (d) For the purpose of this section federal-aid assistance shall include 13 the specific categories of assistance for which provision is made in any fed- 14 eral law existing or hereafter enacted by the congress of the United States by 15 which payments are made from the federal government to the state in aid or in 16 respect to payment by the state for welfare purposes to any category of needy 17 person and any other program of assistance for which provision for federal 18 funds for aid may from time to time be made. 19(e) The state department of health and welfare shall establish and oper-20ate a fraud control program as permitted by section 416 of the social security21act as now or hereafter amended.22 SECTION 6. That Section 56-227B, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 56-227B. PROVIDER FRAUD -- DAMAGES. Any provider who knowingly with 25 intent to defraud by means of false statement or representation, obtains com- 26 pensation from public funds greater than that to which he is legally entitled 27 for services or supplies furnished or purportedly furnished shall be liable 28 for civil damages equal to three (3) times the amount by which any figure is 29 falsely overstated. The director of the department of health and welfare or 30 the attorney general shall have the right to cause legal action to be taken 31 for the recovery of such damages when persuaded that a reimbursement claim for 32 payment is falsely overstated. The burden of proof for such recovery action 33 shall be that which is used in other civil actions for the recovery of dam- 34 ages. The remedy provided by this section shall be in addition to any other 35 remedy provided by law. 36 If any provider of services or supplies is required to refund or repay all 37 or part of any payment received by said provider under the provisions of this 38 section, said refund or repayment shall bear interest from the date payment 39 was made to such provider to the date of said refund or repayment. Interest 40 shall accrue at the rate of tenper centpercent (10%) per annum.If, as a41result of suchThe prevailing party in an action,the provider of services or42supplies is not required to refund or repay any payment received by said pro-43viderunderthe terms ofthis section,shall be awarded costs and reasonable 44 attorney's feesshall be allowed the providerincurred in bringing or defend- 45 ing the action. Notwithstanding any other provision of the Idaho Code, all 46 costs and attorney's fees awarded to the department of health and welfare or 47 the attorney general pursuant to this section shall be deposited into the 48 state general fund. 49 SECTION 7. That Section 56-227C, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 56-227C. SUBPOENA POWER. (1) The director, or his authorized representa- 10 1 tive, and the director of the Idaho state police,or his authorized represen- 2 tative,and any prosecuting attorney of any county,for the purposes contem- 3 plated by this act, have power to issue subpoenas, compel the attendance of 4 witnesses, administer oaths, certify to official acts, take depositions within 5 and without the state of Idaho, as now provided by law, compel the production 6 of pertinent books, payrolls, accounts, papers, records, documents and testi- 7 mony. If a person in attendance before such director or his authorized repre- 8 sentativeor prosecuting attorneyrefuses, without reasonable cause, to be 9 examined or to answer a legal and pertinent question, or to produce a book or 10 paper or other evidence when ordered so to do by the director or his autho- 11 rized representative,or prosecuting attorney,said director or his authorized 12 representativeor prosecuting attorneymay apply to the judge of the district 13 court of the county where such person is in attendance, upon affidavit for an 14 order returnable in not less than two (2) or more than five (5) days, direct- 15 ing such person to show cause before such judge, or any other judge of such 16 district, why he should not be punished for contempt; upon the hearing of such 17 order, if the judge shall determine that such person has refused, without rea- 18 sonable cause or legal excuse, to be examined or to answer a legal or perti- 19 nent question, or to produce a book or paper which he was ordered to bring or 20 produce, he may forthwith punish the offender as for contempt of court. 21 (a)NoIf any personshallasks to be excused from attending or testify- 22 ing or from producing any books,orpayrolls, accounts, papers, records, 23ordocuments or other evidence in connection with any investigation or 24 inquirybyor upon any hearing before any officer so authorizeduponpur- 25 suant to this subsection (1), or in any proceeding or action before any 26 court upon a charge or violation of this subsection (1), on the ground 27 that the testimony or evidence, books, papers or documentsrequired of him 28 may tend to incriminate him or subject him to penalty or forfeiture; but29no person shall be prosecuted, punished or subjected to any penalty or30forfeiture for or on account of any act, transaction, matter or thing con-31cerning which he is compelled, after claiming his privileges against self-32incrimination, to testify or produce evidence, documentary or otherwise,33except that any person so testifying shall not be exempt from prosecution34and punishment for perjury committed in so testifying, and if such person, 35 notwithstanding such request, is directed to give such testimony or pro- 36 duce such evidence, the person must, if so directed by the director or his 37 authorized representative, comply with such direction. 38 (b) After complying, and if, but for this subsection (1), the person 39 would have been privileged to withhold the answer given or the evidence 40 produced by him, then the answer, the evidence and any information 41 directly or indirectly derived from the answer or evidence, may not be 42 used against the compelled person in any manner in a criminal case, except 43 that the person may nevertheless be prosecuted or subjected to penalty or 44 forfeiture for any perjury, false swearing or contempt committed in 45 answering or failing to answer or in producing or failing to produce evi- 46 dence in accordance with the order. Such evidence may be used in the 47 refusal, suspension or revocation of any license, permission or authority 48 conferred, or to be conferred, pursuant to Idaho Code. 49 (2) The attorney general or any prosecuting attorney or the designated 50 agent of either shall have the authority to issue subpoenas to an enrolled or 51 formerly enrolled provider of services pursuant to the medicaid program to 52 compel production of any books, payrolls, accounts, papers, records or docu- 53 ments that are required to be maintained under the medicaid provider agreement 54 executed by such provider or formerly enrolled provider as may be relevant to 55 an investigation of fraud or other crime directly related to the use of medic- 11 1 aid program funds or services provided through the medicaid program that are 2 not already in the possession of the director of the department of health and 3 welfare or his designated agent. The attorney general or any prosecuting 4 attorney or the designated agent of either may also compel testimony by the 5 custodian of the items subpoenaed concerning the production and authenticity 6 of those items. Subpoenas for records or information which are not required to 7 be maintained under a provider agreement shall only be issued through subpoena 8 powers in judicial proceedings. A subpoena under this subsection (2) shall 9 describe the items required to be produced with particularity and prescribe a 10 return date of a reasonable period of time within which the items can be 11 assembled and made available to the attorney general or any prosecuting attor- 12 ney or the designated agent of either. 13 (3) Subpoenas issued pursuant to this section shall be served and witness 14 fees and mileage paid as allowed in civil cases in the district courts of this 15 state. 16 (4)Inspectors and iInvestigators employed by theIdaho state police17 attorney general for theenforcement of this actinvestigation and prosecution 18 of providers of services pursuant to the medicaid program shall have all the 19 authority given by statute to peace officers of the state of Idaho, including, 20 but not limited to, authority to obtain, serve and execute warrants of arrest 21 and warrants of search and seizure. 22 SECTION 8. That Section 56-227D, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 56-227D. FEDERAL FOOD STAMPS -- UNAUTHORIZED USE -- EXCEPTION -- DEFINI- 25 TION. (a1) It is a misdemeanor for any person to buy, receive, sell, give 26 away, dispose of, exchange or barter any federal food stamps of a value of one 27 hundred fifty dollars ($150) or less, except for the eligible foods for which 28 they are issued. 29 (b2) It is a felony for any person to buy, receive, sell, give away, dis- 30 pose of, exchange or barter any federal food stamps of a value exceeding one 31 hundred fifty dollars ($150), except for the eligible foods for which they are 32 issued. 33 (c3) This section does not apply to any person buying, receiving, sell- 34 ing, giving away, disposing of, exchanging or bartering any federal food 35 stamps subsequent to the redemption of such stamps in the manner provided by 36 state or federal law. 37 (d4) As used in this section, federal food stamps refers to stamps issued 38 for food by the United States department of agriculture or its duly authorized 39 agent. 40 (5) This section shall be enforced by the director of the department of 41 health and welfare in cooperation with local law enforcement and prosecuting 42 agencies. Such enforcement shall not be the responsibility of the medicaid 43 fraud control unit as provided in section 56-226, Idaho Code. 44 SECTION 9. That Chapter 2, Title 56, Idaho Code, be, and the same is 45 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 46 ignated as Section 56-227E, Idaho Code, and to read as follows: 47 56-227E. OBSTRUCTION OF INVESTIGATION. (1) An obstruction of investiga- 48 tion consists of knowingly: 49 (a) Providing false information to, or knowingly withholding information 50 from, any person requesting such information if that person is authorized 51 to investigate a violation of this chapter or to enforce the criminal or 12 1 civil remedies of this chapter where that information is properly 2 requested and is material to the investigation or enforcement; or 3 (b) Altering any document or record required to be retained pursuant to 4 this chapter or any rule issued by the department of health and welfare, 5 when the alteration is intended to mislead an investigation and concerns 6 information material to that investigation. 7 (2) Whoever commits an obstruction of investigation shall be guilty of a 8 felony and shall be sentenced pursuant to the provisions of section 18-112, 9 Idaho Code. 10 SECTION 10. That Section 67-1401, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this 13 chapter, it is the duty of the attorney general: 14 (1.) To perform all legal services for the state and to represent the 15 state and all departments, agencies, offices, officers, boards, commissions, 16 institutions and other state entities, in all courts and before all adminis- 17 trative tribunals or bodies of any nature. Representation shall be provided to 18 those entities exempted pursuant to the provisions of section 67-1406, Idaho 19 Code. Whenever required to attend upon any court or administrative tribunal 20 the attorney general shall be allowed necessary and actual expenses, all 21 claims for which shall be audited by the state board of examiners. 22 (2.) To advise all departments, agencies, offices, officers, boards, com- 23 missions, institutions and other state entities in all matters involving ques- 24 tions of law. 25 (3.) After judgment in any of the causes referred to in the first subdi- 26 vision, to direct the issuing of such process as may be necessary to carry the 27 same into execution. 28 (4.) To account for and pay over to the proper officer all moneys 29 received which belong to the state. 30 (5.) To supervise nonprofit corporations, corporations, charitable or 31 benevolent societies, person or persons holding property subject to any public 32 or charitable trust and to enforce whenever necessary any noncompliance or 33 departure from the general purpose of such trust and, in order to accomplish 34 such purpose, said nonprofit corporations, corporations, charitable or benevo- 35 lent societies, person or persons holding property subject to any public or 36 charitable trust are subject at all times to examination by the attorney gen- 37 eral, on behalf of the state, to ascertain the condition of its affairs and to 38 what extent, if at all, said trustee or trustees may have failed to comply 39 with trusts said trustee or trustees have assumed or may have departed from 40 the general purpose for which it was formed. In case of any such failure or 41 departure, the attorney general shall institute, in the name of the state, any 42 proceeding necessary to enforce compliance with the terms of the trust or any 43 departure therefrom. 44 (6.) To give an opinion in writing, without fee, to the legislature or 45 either house thereof, or any senator or representative, and to the governor, 46 secretary of state, treasurer, state controller, and the superintendent of 47 public instruction, when requested, upon any question of law relating to their 48 respective offices. The attorney general shall keep a record of all written 49 opinions rendered by the office and such opinions shall be compiled annually 50 and made available for public inspection. All costs incurred in the prepara- 51 tion of said opinions shall be borne by the office of the attorney general. A 52 copy of the opinions shall be furnished to the supreme court and to the state 53 librarian. 13 1 (7.) When required by the public service, to repair to any county in the 2 state and assist the prosecuting attorney thereof in the discharge of duties. 3 (8.) To bid upon and purchase, when necessary, in the name of the state, 4 and under the direction of the state controller, any property offered for sale 5 under execution issued upon judgments in favor of or for the use of the state, 6 and to enter satisfaction in whole or in part of such judgments as the consid- 7 eration for such purchases. 8 (9.) Whenever the property of a judgment debtor in any judgment mentioned 9 in the preceding subdivision has been sold under a prior judgment, or is sub- 10 ject to any judgment, lien, or encumbrance, taking precedence of the judgment 11 in favor of the state, under the direction of the state controller, to redeem 12 such property from such prior judgment, lien, or encumbrance; and all sums of 13 money necessary for such redemption must, upon the order of the board of exam- 14 iners, be paid out of any money appropriated for such purposes. 15 (10.) When necessary for the collection or enforcement of any judgment 16 hereinbefore mentioned, to institute and prosecute, in behalf of the state, 17 such suits or other proceedings as may be necessary to set aside and annul all 18 conveyances fraudulently made by such judgment debtors; the cost necessary to 19 the prosecution must, when allowed by the board of examiners, be paid out of 20 any appropriations for the prosecution of delinquents. 21 (11.) To exercise all the common law power and authority usually apper- 22 taining to the office and to discharge the other duties prescribed by law. 23 (12.) To report to the governor, at the time required by this code, the 24 condition of the affairs of the attorney general's office and of the reports 25 received from prosecuting attorneys. 26 (13.) To appoint deputy attorneys general and special deputy attorneys 27 general and other necessary staff to assist in the performance of the duties 28 of the office. Such deputies and staff shall be nonclassified employees within 29 the meaning of section 67-5302, Idaho Code. 30 (14) To establish a medicaid fraud control unit pursuant to the provi- 31 sions of section 56-226, Idaho Code, and to exercise concurrent investigative 32 and prosecutorial authority and responsibility with county prosecutors to 33 prosecute persons for the violation of the criminal provisions of chapter 2, 34 title 56, Idaho Code, and for criminal offenses that are not defined in said 35 chapter 2, title 56, Idaho Code, but that involve or are directly related to 36 the use of medicaid program funds or services provided through the medicaid 37 program. 14 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 166, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO MEDICAID; AMENDING SECTION 15-8-103, IDAHO CODE, TO MAKE A TECHNI- 3 CAL CORRECTION; AMENDING SECTION 56-209h, IDAHO CODE, TO DEFINE A TERM, TO 4 PROVIDE FOR A MEDICAID FRAUD PROGRAM IN THE DEPARTMENT OF HEALTH AND WEL- 5 FARE AND THE SCOPE OF SUCH PROGRAM, TO REMOVE A TIME REQUIREMENT, TO 6 REMOVE A CONDITION FOR ACTION, TO PROVIDE FOR ACTION UPON REFERRAL, TO 7 PROVIDE REFERRAL AND COMPLIANCE REQUIREMENTS, TO PROVIDE FOR A MINIMUM FOR 8 COST RECOVERY AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 2, 9 TITLE 56, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 56-209o AND 56-226, 10 IDAHO CODE, TO PROVIDE FOR RECORD RETENTION REQUIREMENTS, TO PROVIDE FOR 11 CRIMINAL PENALTIES, TO ESTABLISH IN THE OFFICE OF THE ATTORNEY GENERAL THE 12 MEDICAID FRAUD CONTROL UNIT, TO PROVIDE THE DUTIES, AUTHORITY AND RESPON- 13 SIBILITIES OF THE UNIT, TO PROVIDE EXCLUSIVE CONTROL OF THE UNIT AND TO 14 DEFINE TERMS; AMENDING SECTION 56-227, IDAHO CODE, TO REMOVE A REQUIREMENT 15 FOR THE DEPARTMENT OF HEALTH AND WELFARE TO ESTABLISH AND OPERATE A FRAUD 16 CONTROL PROGRAM; AMENDING SECTION 56-227B, IDAHO CODE, TO PROVIDE FOR THE 17 RIGHT OF THE ATTORNEY GENERAL TO CAUSE CERTAIN LEGAL ACTION TO BE UNDER- 18 TAKEN, TO PROVIDE FOR COSTS AND REASONABLE ATTORNEY'S FEES TO BE AWARDED 19 TO THE PREVAILING PARTY, TO PROVIDE FOR THE DISPOSITION OF COSTS AND 20 ATTORNEY'S FEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 21 56-227C, IDAHO CODE, TO REQUIRE PERSONS ASKING TO BE EXCUSED FROM ATTEND- 22 ING, PRODUCING OR TESTIFYING ON THE GROUNDS OF SELF-INCRIMINATION TO COM- 23 PLY WITH THE REQUEST, TO PROVIDE FOR THE USE OF INFORMATION PROVIDED BY 24 PERSONS PRIVILEGED TO WITHHOLD INFORMATION, TO PROVIDE AUTHORITY TO THE 25 ATTORNEY GENERAL AND ANY PROSECUTING ATTORNEY TO ISSUE SUBPOENAS AND COM- 26 PEL TESTIMONY FROM CUSTODIANS, TO PROVIDE SUBPOENA REQUIREMENTS, TO PRO- 27 VIDE PROCEDURE AND GROUNDS FOR MODIFYING OR QUASHING A SUBPOENA AND TO 28 PROVIDE PEACE OFFICER STATUS TO INVESTIGATORS EMPLOYED BY THE ATTORNEY 29 GENERAL; AMENDING SECTION 56-227D, IDAHO CODE, TO PROVIDE ENFORCEMENT 30 AUTHORITY TO THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE, TO PRO- 31 VIDE THAT SUCH ENFORCEMENT IS NOT THE RESPONSIBILITY OF THE MEDICAID FRAUD 32 UNIT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 2, TITLE 56, 33 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-227E, IDAHO CODE, TO PRO- 34 VIDE A DESCRIPTION OF OBSTRUCTION OF INVESTIGATION AND TO PROVIDE CRIMINAL 35 PENALTIES; AND AMENDING SECTION 67-1401, IDAHO CODE, TO REVISE DUTIES OF 36 THE ATTORNEY GENERAL AND TO MAKE TECHNICAL CORRECTIONS. 37 Be It Enacted by the Legislature of the State of Idaho: 38 SECTION 11. That Section 15-8-103, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 15-8-103. DEFINITIONS. The definitions in this section apply throughout 41 this chapter unless the context clearly requires otherwise: 42 (1) "Matter" includes any issue, question or dispute involving: 43 (a) The determination of any class of creditors, devisees, legatees, 44 heirs, next of kin, or other persons interested in an estate, trust, 45 nonprobate asset, or with respect to any other asset or property interest 46 passing at death; 15 1 (b) The direction of a personal representative or trustee to do or to 2 abstain from doing any act in a fiduciary capacity; 3 (c) The determination of any question arising in the administration of an 4 estate or trust, or with respect to any nonprobate asset, or with respect 5 to any other asset or property interest passing at death, that may 6 include, without limitation, questions relating to: 7 (i) The construction of wills, trusts, devolution agreements, and 8 other writings; 9 (ii) A change of personal representative or trustee; 10 (iii) A change of the situs of a trust; 11 (iv) An accounting from a personal representative or trustee; or 12 (v) The determination of fees for a personal representative or 13 trustee; 14 (d) The grant to a personal representative or trustee of any necessary or 15 desirable power not otherwise granted in the governing instrument or given 16 by law; 17 (e) The amendment, reformation, or conformation of a will or a trust 18 instrument to comply with statutes and regulations of the United States 19 internal revenue service in order to more efficiently allocate exemptions 20 or to achieve qualification for deductions, elections, and other tax 21 requirements including, but not limited to, the qualification of any gift 22 thereunder for the benefit of a surviving spouse who is not a citizen of 23 the United States for the estate tax marital deduction permitted by fed- 24 eral law, including the addition of mandatory governing instrument 25 requirements for a qualified domestic trust under section 2056A of the 26 Internal Revenue Code, the qualification of any gift thereunder as a qual- 27 ified conservation easement as permitted by federal law, or the qualifica- 28 tion of any gift for the charitable estate tax deduction permitted by fed- 29 eral law, including the addition of mandatory governing instrument 30 requirements for a charitable remainder trust; and 31 (f) With respect to any nonprobate asset, or with respect to any other 32 asset or property interest passing at death, including actual joint ten- 33 ancy property, property subject to a devolution agreement, or assets sub- 34 ject to a pay on death or transfer on death designation: 35 (i) The ascertaining of any class of creditors or others for pur- 36 poses of section 15-6-107, Idaho Code; 37 (ii) The ordering of a custodian of any of the decedent's records 38 relating to a nonprobate asset to do or abstain from doing any par- 39 ticular act with respect to those records; 40 (iii) The determination of any question arising in the administration 41 of a nonprobate asset under section 15-6-107, Idaho Code; 42 (iv) The determination of any questions relating to the abatement, 43 rights of creditors, or other matter relating to the administration, 44 settlement, or final disposition of a nonprobate asset under title 45 15, Idaho Code; and 46 (v) The resolution of any matter referencing this chapter, includ- 47 ing a determination of any questions relating to the ownership or 48 distribution of an individual retirement account on the death of the 49 spouse of the account holder as contemplated by section 11-604A(6), 50 Idaho Code; 51 (g) The resolution of any other matter that could affect the nonprobate 52 asset. 53 (2) "Nonprobate assets" means assets that are covered by chapter 6, title 54 15, Idaho Code. 55 (3) "Party" or "parties" means each of the following persons who has an 16 1 interest in the subject of the particular proceeding and whose name and 2 address are known to, or are reasonably ascertainable by, the petitioner: 3 (a) The trustor if living; 4 (b) The trustee; 5 (c) The personal representative; 6 (d) An heir; 7 (e) A beneficiary, including devisees, legatees, and trust beneficiaries; 8 (f) The surviving spouse of a decedent with respect to his or her inter- 9 est in the decedent's property; 10 (g) A guardian ad litem; 11 (h) A creditor; 12 (i) Any other person who has an interest in the subject of the particular 13 proceeding; 14 (j) The attorney general if required under section 67-1401(5.), Idaho 15 Code; 16 (k) Any duly appointed and acting legal representative of a party such as 17 a guardian, conservator, special representative, or attorney in fact; 18 (l) Where applicable, the virtual representative of any person described 19 in this subsection (3), the giving of notice to whom would meet notice 20 requirements as provided in section 15-8-204, Idaho Code; and 21 (m) The owner or the personal representative of the estate of the 22 deceased owner of the nonprobate asset that is the subject of the particu- 23 lar proceeding, if the subject of the particular proceeding relates to the 24 beneficiary's liability to a decedent's estate or creditors under section 25 15-6-107, Idaho Code. 26 (4) "Persons interested in the estate or trust" means the trustor, if 27 living, all persons beneficially interested in the estate or trust, persons 28 holding powers over the trust or estate assets, the attorney general in the 29 case of any charitable trust where the attorney general would be a necessary 30 party to judicial proceedings concerning the trust, and any personal represen- 31 tative or trustee of the estate or trust. 32 (5) "Representative" and other similar terms refer to a person who virtu- 33 ally represents another person under section 15-8-205, Idaho Code. 34 (6) "Trustee" means any acting and qualified trustee of the trust. 35 SECTION 12. That Section 56-209h, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 56-209h. ADMINISTRATIVE REMEDIES. (1) Definitions. For purposes of this 38 section: 39 (a) "Abuse" or "abusive" means provider practices that are inconsistent 40 with sound fiscal, business, or medical practices, and result in an unnec- 41 essary cost to the medical assistance program, in reimbursement for ser- 42 vices that are not medically necessary or that fail to meet professionally 43 recognized standards for health care, or in physical harm, pain or mental 44 anguish to a medical assistance recipient. 45 (b) "Claim" means any request or demand for payment of items or services 46 under the state's medical assistance program, whether under a contract or 47 otherwise. 48 (c) "Fraud" or "Ffraudulent" means an intentional deception or misrepre- 49 sentation made by a person with the knowledge that the deception could 50 result in some unauthorized benefit to himself or some other person. 51 (d) "Knowingly," "known" or "with knowledge" means that a person, with 52 respect to information or an action: 53 (i) Has actual knowledge of the information or action; or 17 1 (ii) Acts in deliberate ignorance of the truth or falsity of the 2 information or the correctness or incorrectness of the action; or 3 (iii) Acts in reckless disregard of the truth or falsity of the 4 information or the correctness or incorrectness of the action. 5 (e) "Managing employee" means a general manager, business manager, admin- 6 istrator, director or other individual who exercises operational or mana- 7 gerial control over, or who directly or indirectly conducts the day-to-day 8 operation of, an institution, organization or agency. 9 (f) "Medicaid fraud control unit" means that medicaid fraud control unit 10 as provided for in section 56-226, Idaho Code. 11 (g) "Ownership or control interest" means a person or entity that: 12 (i) Has an ownership interest totaling twenty-five percent (25%) or 13 more in an entity; or 14 (ii) Is an officer or director of an entity that is organized as a 15 corporation; or 16 (iii) Is a partner in an entity that is organized as a partnership; 17 or 18 (iv) Is a managing member in an entity that is organized as a lim- 19 ited liability company. 20 (2) The department shall establish and operate an administrative fraud 21 control program to enforce violations of the provisions of this chapter and of 22 the state plan pursuant to subchapters XIX and XXI, chapter 7, title 42, 23 U.S.C., that are outside the scope of the duties of the medicaid fraud control 24 unit and to render and receive referrals from and to said unit. 25 (3) Review of dDocumentation of services. All claims submitted by 26 providers for payment are subject to prepayment and postpayment review as des- 27 ignated by rule. Except as otherwise provided by rule, providers shall gener- 28 ate documentation at the time of service sufficient to support each claim.and29shall retain the documentation for a minimum of five (5) years from the date30the item or service was provided.The department or authorized agent shall be 31 given immediate access to such documentation upon written request. 32 (34) Immediate action. In the event that the department identifies a sus- 33 pected case of fraud or abuse,and the department has reason to believe that34payments made during the investigation may be difficult or impractical to35recover,the department may suspend or withhold payments to the provider pend- 36 ing investigation. In the event that the department identifies a suspected 37 case of fraud or abuse and it determines that it is necessary to prevent or 38 avoid immediate danger to the public health or safety, the department may sum- 39 marily suspend a provider agreement pending investigation. When payments have 40 been suspended or withheld or a provider agreement suspended pending investi- 41 gation, the department shall provide for a hearing within thirty (30) days of 42 receipt of any duly filed notice of appeal. 43 (45) Recovery of payments. Upon referral of a matter from the medicaid 44 fraud control unit, or iIf it is determined by the department that any condi- 45 tion of payment contained in rule, regulation, statute, or provider agreement 46 was not met, the department may initiate administrative proceedings to recover 47 any payments made for items or services. Interest shall accrue on overpayments 48 at the statutory rate set forth in section 28-22-104, Idaho Code, from the 49 date of final determination of the amount owed for items or services until the 50 date of recovery. 51 (56) Provider status. The department may terminate the provider agreement 52 or otherwise deny provider status to any individual or entity who: 53 (a) Submits a claim with knowledge that the claim is incorrect, including 54 reporting costs as allowable which were known to be disallowed in a previ- 55 ous audit, unless the provider clearly indicates that the item is being 18 1 claimed to establish the basis for an appeal and each disputed item and 2 amount is specifically identified; or 3 (b) Submits a fraudulent claim; or 4 (c) Knowingly makes a false statement or representation of material fact 5 in any document required to be maintained or submitted to the department; 6 or 7 (d) Submits a claim for an item or service known to be medically unneces- 8 sary; or 9 (e) Fails to provide, upon written request by the department, immediate 10 access to documentation required to be maintained; or 11 (f) Fails repeatedly or substantially to comply with the rules and regu- 12 lations governing medical assistance payments; or 13 (g) Knowingly violates any material term or condition of its provider 14 agreement; or 15 (h) Has failed to repay, or was a "managing employee" or had an 16 "ownership or control interest" in any entity that has failed to repay, 17 any overpayments or claims previously found to have been obtained contrary 18 to statute, rule, regulation or provider agreement; or 19 (i) Has been found, or was a "managing employee" in any entity which has 20 been found, to have engaged in fraudulent conduct or abusive conduct in 21 connection with the delivery of health care items or services; or 22 (j) Fails to meet the qualifications specifically required by rule or by 23 any applicable licensing board. 24 Any individual or entity denied provider status under this section may be pre- 25 cluded from participating as a provider in the medical assistance program for 26 up to five (5) years from the date the department's action becomes final. 27 (7) The department must refer all cases of suspected fraud to the medic- 28 aid fraud control unit and shall promptly comply with any request from the 29 medicaid fraud control unit for access to and free copies of any records or 30 information kept by the department or its contractors, computerized data 31 stored by the department or its contractors, and any information kept by 32 providers to which the department is authorized access by law. 33 (68) Civil monetary penalties. The department may also assess civil mone- 34 tary penalties against a provider and any officer, director, owner, and/or 35 managing employee of a provider for conduct identified in subsections (56)(a) 36 through (56)(i) of this section. The amount of the penalties shall be up to 37 one thousand dollars ($1,000) for each item or service improperly claimed, 38 except that in the case of multiple penalties the department may reduce the 39 penalties to not less than twenty-five percent (25%) of the amount of each 40 item or service improperly claimed if an amount can be readily determined. 41 Each line item of a claim, or cost on a cost report is considered a separate 42 claim. These penalties are intended to be remedial, recovering at a minimum 43 costs of investigation and administrative review, and placing the costs asso- 44 ciated with noncompliance on the offending provider. 45 (79) Exclusion. Any individual or entity convicted of a criminal offense 46 related to the delivery of an item or service under any state or federal pro- 47 gram shall be excluded from program participation for a period of not less 48 than ten (10) years. Unless otherwise provided in this section or required by 49 federal law, the department may exclude any individual or entity for a period 50 of not less than one (1) year for any conduct for which the secretary of the 51 department of health and human services or designee could exclude an individ- 52 ual or entity. 53 (810) Adoption of rules. The department shall promulgate such rules as are 54 necessary to carry out the policies and purposes of this section. 19 1 SECTION 13. That Chapter 2, Title 56, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 56-209o, Idaho Code, and to read as follows: 4 56-209o. FAILURE TO RETAIN RECORDS. (1) Whoever receives payment for 5 treatment, services or goods under the provisions of this chapter or under the 6 state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., 7 shall retain for a period of at least five (5) years all medical and business 8 records relating to: 9 (a) The treatment or care of any recipient; 10 (b) Services or goods provided to any recipient; 11 (c) Rates paid by the department under the program on behalf of any 12 recipient; and 13 (d) Any records required to be maintained by rule of the department for 14 administration of the medicaid program. 15 (2) It shall be unlawful with an intent to evade or avoid the provisions 16 of this act: to fail to retain the records specified in subsection (1) of this 17 section for a period of at least five (5) years from the date payment was 18 claimed or received, whichever is later; or to knowingly destroy or cause the 19 records specified in subsection (1) of this section to be destroyed within 20 five (5) years from the date payment was claimed or received, whichever is 21 later. Any person who, with an intent to evade or avoid the provisions of this 22 act, fails to retain records or destroys records or causes records to be 23 destroyed as provided in this subsection (2), with an intent to evade or avoid 24 the provisions of this act, shall be subject to the following criminal sanc- 25 tions: 26 (a) If the treatment, services or goods for which records were not 27 retained or for which records were destroyed amount to not more than one 28 thousand dollars ($1,000), the person shall be guilty of a misdemeanor and 29 shall be sentenced pursuant to section 18-113, Idaho Code. 30 (b) If the value of the treatment, services or goods for which records 31 were not retained or for which records were destroyed is more than one 32 thousand dollars ($1,000), the person shall be guilty of a felony and 33 shall be sentenced pursuant to section 18-112, Idaho Code. 34 (c) If the records not retained or destroyed were used in whole or in 35 part to determine a rate of payment under the program, the person shall be 36 guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, 37 Idaho Code. 38 SECTION 14. That Chapter 2, Title 56, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 40 ignated as Section 56-226, Idaho Code, and to read as follows: 41 56-226. MEDICAID FRAUD CONTROL UNIT. (1) There is hereby established in 42 the office of the attorney general the medicaid fraud control unit which shall 43 have the authority and responsibilities as set forth in this section. 44 (2) Notwithstanding the authority and responsibility granted to the 45 director of the department to provide for fraud control in other aspects of 46 public assistance and public health programs, the medicaid fraud control unit 47 shall have the authority and responsibility to conduct a statewide program for 48 the investigation and prosecution of violations of all applicable Idaho laws 49 pertaining to fraud in the administration of the medicaid program, the provi- 50 sion of medical assistance and in the activities of providers of medical 51 assistance and services under the state plan. Further, upon approval of the 52 inspector general of the relevant federal agency, the office of the attorney 20 1 general shall have the authority and responsibility to investigate and to 2 prosecute violations of any aspect of the provision of health care services 3 and activities of providers of such services under any federal health care 4 program as defined in 42 U.S.C. section 1320(a)-7b(f)1, if the suspected fraud 5 or violation of law in such investigation or prosecution is substantially 6 related to the state plan. The medicaid fraud control unit shall be under the 7 exclusive control of the attorney general and be separate and distinct from 8 the department. No official from the department shall have authority to review 9 or override the prosecutorial decisions made by the medicaid fraud control 10 unit. 11 (3) The medicaid fraud control unit shall also: 12 (a) Review complaints of abuse or neglect of medicaid recipients in 13 health care facilities which receive payment pursuant to the state plan 14 and may review complaints of the misappropriation of patients' private 15 funds in such facilities; and 16 (b) Review complaints of abuse or neglect of medicaid recipients residing 17 in a board and care facility. 18 (4) The medicaid fraud control unit shall attempt to collect or refer to 19 the department for collection overpayments that are made to providers of 20 facilities under the state plan or under any federal health care program to 21 health care facilities that are the result of fraudulent acts and that are 22 discovered by the medicaid fraud control unit in carrying out its responsibil- 23 ities under this section. Notwithstanding any other provision of Idaho Code, 24 all funds collected by the medicaid fraud control unit in accordance with this 25 subsection (4) shall be deposited into the state general fund. 26 (5) The office of the attorney general shall employ such auditors, attor- 27 neys, investigators and other personnel as are necessary to carry out the 28 responsibilities of the medicaid fraud control unit as set forth under this 29 section. 30 (6) The office of the attorney general shall submit to the secretary of 31 the federal department of health and human services applications and reports 32 containing such information as is determined by the secretary by regulation to 33 be necessary to meet the requirements of subchapter XIX, chapter 7, title 42, 34 U.S.C. 35 (7) In carrying out its duties and responsibilities under this section, 36 the medicaid fraud control unit may: 37 (a) Request and receive the assistance of any prosecutor or law enforce- 38 ment agency in the investigation and prosecution of any violation of any 39 applicable Idaho laws pertaining to fraud in the administration of the 40 medicaid program, the provision of medical assistance and in the activi- 41 ties of providers of medical assistance and services under the state plan; 42 (b) Enter upon the premises of any provider participating in the medicaid 43 program to: 44 (i) Examine all accounts and records that are relevant in determin- 45 ing the existence of fraud in the medicaid program; 46 (ii) Investigate alleged abuse or neglect of medicaid recipients; or 47 (iii) Investigate alleged misappropriation of patients' private 48 funds. The accounts or records of a nonmedicaid recipient may not be 49 reviewed by, or turned over to the medicaid fraud control unit with- 50 out the patient's written consent or a court order; and 51 (c) Notwithstanding any other provision of law, upon written request have 52 full access to all records held by a medicaid provider, or by any other 53 person on his or her behalf, that are relevant to the determination of 54 the: 55 (i) Existence of civil violations or criminal offenses under this 21 1 chapter or related offenses; 2 (ii) Existence of medicaid recipient abuse, mistreatment or neglect; 3 or 4 (iii) Theft of medicaid recipient funds. 5 No person holding such records shall refuse to provide the medicaid fraud 6 control unit access to such records for the purposes described in this 7 section on the basis that release would violate the medicaid recipient's 8 right of privacy or privilege against disclosure or use or any profes- 9 sional or other privilege or right. 10 (8) The medicaid fraud control unit shall safeguard the privacy rights of 11 medicaid recipients to avoid unnecessary disclosure of personal information 12 concerning named medicaid recipients. The medicaid fraud control unit may 13 transmit such information that it deems appropriate to the department and to 14 other agencies concerned with the regulation of health care facilities or 15 health professionals. 16 (9) The attorney general shall have the authority to adopt rules neces- 17 sary to implement the duties and responsibilities assigned to the medicaid 18 fraud control unit under this section. 19 (10) As used in this section: 20 (a) "Board and care facility" means a provider of medicaid services in a 21 residential setting which receives payment from or on behalf of two (2) or 22 more unrelated adults who reside in such facility, and for whom one (1) or 23 more of the following is provided: 24 (i) Nursing care services provided by, or under the supervision of, 25 a registered nurse, licensed practical nurse or certified nurses 26 aide; or 27 (ii) A substantial amount of personal care services that assist res- 28 idents with the activities of daily living, including personal 29 hygiene, dressing, bathing, eating, toileting, ambulation, transfer 30 of positions, self-medication, body care, travel to medical services, 31 essential shopping, meal preparation, laundry and housework. 32 (b) "Department" means the Idaho department of health and welfare. 33 (c) "Director" means the director of the Idaho department of health and 34 welfare. 35 (d) "Medicaid" means Idaho's medical assistance program. 36 (e) "Provider" means any individual, partnership, association, corpora- 37 tion or organization, public or private, which provides residential or 38 assisted living services, certified family home services, nursing facility 39 services or services offered pursuant to medical assistance. 40 (f) "Recipient" means an individual determined eligible by the director 41 for the services provided in the state plan for medicaid. 42 (g) "State plan" means the Idaho state plan pursuant to subchapter XIX, 43 chapter 7, title 42 U.S.C. 44 SECTION 15. That Section 56-227, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 56-227. FRAUDULENT ACTS -- PENALTY. (a) Whoever knowingly obtains, or 47 attempts to obtain, or aids or abets any person in obtaining, by means of a 48 willfully false statement or representation, material omission, or fraudulent 49 devices, public assistance, relief or federal-aid assistance to which he is 50 not entitled, or in an amount greater than that to which he is justly enti- 51 tled, shall be punished in the same manner and to the same extent as for lar- 52 ceny or theft of the money or value of the public assistance so obtained or 53 attempted to be so obtained. 22 1 (b) Whoever sells, conveys, mortgages or otherwise disposes of his prop- 2 erty, real or personal, or conceals his income or resources, for the purpose 3 of rendering him eligible for any form of assistance, theretofore or thereaf- 4 ter applied for, to which he would not otherwise be entitled, shall be pun- 5 ished in the same manner and to the same extent as for larceny or theft of the 6 money or value of the assistance so obtained or so attempted to be obtained. 7 (c) Every person who knowingly aids or abets any person in selling, con- 8 veying, mortgaging or otherwise disposing of his property, real or personal, 9 or in concealing his income or resources for the purpose of rendering him 10 eligible for any form of public assistance or relief, theretofore or thereaf- 11 ter applied for and received, to which he would not otherwise be entitled, 12 shall be punished in the same manner and to the same extent as for larceny or 13 theft of the money or value of the public assistance or relief so obtained or 14 attempted to be obtained. 15 (d) For the purpose of this section federal-aid assistance shall include 16 the specific categories of assistance for which provision is made in any fed- 17 eral law existing or hereafter enacted by the congress of the United States by 18 which payments are made from the federal government to the state in aid or in 19 respect to payment by the state for welfare purposes to any category of needy 20 person and any other program of assistance for which provision for federal 21 funds for aid may from time to time be made. 22(e) The state department of health and welfare shall establish and oper-23ate a fraud control program as permitted by section 416 of the social security24act as now or hereafter amended.25 SECTION 16. That Section 56-227B, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 56-227B. PROVIDER FRAUD -- DAMAGES. Any provider who knowingly with 28 intent to defraud by means of false statement or representation, obtains com- 29 pensation from public funds greater than that to which he is legally entitled 30 for services or supplies furnished or purportedly furnished shall be liable 31 for civil damages equal to three (3) times the amount by which any figure is 32 falsely overstated. The director of the department of health and welfare or 33 the attorney general shall have the right to cause legal action to be taken 34 for the recovery of such damages when persuaded that a reimbursement claim for 35 payment is falsely overstated. The burden of proof for such recovery action 36 shall be that which is used in other civil actions for the recovery of dam- 37 ages. The remedy provided by this section shall be in addition to any other 38 remedy provided by law. 39 If any provider of services or supplies is required to refund or repay all 40 or part of any payment received by said provider under the provisions of this 41 section, said refund or repayment shall bear interest from the date payment 42 was made to such provider to the date of said refund or repayment. Interest 43 shall accrue at the rate of tenper centpercent (10%) per annum.If, as a44result of suchThe prevailing party in an action,the provider of services or45supplies is not required to refund or repay any payment received by said pro-46viderunderthe terms ofthis section,shall be awarded costs and reasonable 47 attorney's feesshall be allowed the providerincurred in bringing or defend- 48 ing the action. Notwithstanding any other provision of the Idaho Code, all 49 costs and attorney's fees awarded to the department of health and welfare or 50 the attorney general pursuant to this section shall be deposited into the 51 state general fund. 52 SECTION 17. That Section 56-227C, Idaho Code, be, and the same is hereby 23 1 amended to read as follows: 2 56-227C. SUBPOENA POWER. (1) The director, or his authorized representa- 3 tive, and the director of the Idaho state police,or his authorized represen- 4 tative,and any prosecuting attorney of any county,for the purposes contem- 5 plated by this act, have power to issue subpoenas, compel the attendance of 6 witnesses, administer oaths, certify to official acts, take depositions within 7 and without the state of Idaho, as now provided by law, compel the production 8 of pertinent books, payrolls, accounts, papers, records, documents and testi- 9 mony. If a person in attendance before such director or his authorized repre- 10 sentativeor prosecuting attorneyrefuses, without reasonable cause, to be 11 examined or to answer a legal and pertinent question, or to produce a book or 12 paper or other evidence when ordered so to do by the director or his autho- 13 rized representative,or prosecuting attorney,said director or his authorized 14 representativeor prosecuting attorneymay apply to the judge of the district 15 court of the county where such person is in attendance, upon affidavit for an 16 order returnable in not less than two (2) or more than five (5) days, direct- 17 ing such person to show cause before such judge, or any other judge of such 18 district, why he should not be punished for contempt; upon the hearing of such 19 order, if the judge shall determine that such person has refused, without rea- 20 sonable cause or legal excuse, to be examined or to answer a legal or perti- 21 nent question, or to produce a book or paper which he was ordered to bring or 22 produce, he may forthwith punish the offender as for contempt of court. 23 (a)NoIf any personshallasks to be excused from attending or testify- 24 ing or from producing any books,orpayrolls, accounts, papers, records, 25ordocuments or other evidence in connection with any investigation or 26 inquirybyor upon any hearing before any officer so authorizeduponpur- 27 suant to this subsection (1), or in any proceeding or action before any 28 court upon a charge or violation of this subsection (1), on the ground 29 that the testimony or evidence, books, papers or documentsrequired of him 30 may tend to incriminate him or subject him to penalty or forfeiture; but31no person shall be prosecuted, punished or subjected to any penalty or32forfeiture for or on account of any act, transaction, matter or thing con-33cerning which he is compelled, after claiming his privileges against self-34incrimination, to testify or produce evidence, documentary or otherwise,35except that any person so testifying shall not be exempt from prosecution36and punishment for perjury committed in so testifying, and if such person, 37 notwithstanding such request, is directed to give such testimony or pro- 38 duce such evidence, the person must, if so directed by the director or his 39 authorized representative, comply with such direction. 40 (b) After complying, and if, but for this subsection (1), the person 41 would have been privileged to withhold the answer given or the evidence 42 produced by him, then the answer, the evidence and any information 43 directly or indirectly derived from the answer or evidence, may not be 44 used against the compelled person in any manner in a criminal case, except 45 that the person may nevertheless be prosecuted or subjected to penalty or 46 forfeiture for any perjury, false swearing or contempt committed in 47 answering or failing to answer or in producing or failing to produce evi- 48 dence in accordance with the order. Such evidence may be used in the 49 refusal, suspension or revocation of any license, permission or authority 50 conferred, or to be conferred, pursuant to Idaho Code. 51 (2) The attorney general or any prosecuting attorney or the designated 52 agent of either shall have the authority to issue subpoenas to an enrolled or 53 formerly enrolled provider of services pursuant to the medicaid program to 54 compel production of books, payrolls, accounts, papers, records, documents and 24 1 other items that may be relevant to an investigation of fraud or other crime 2 directly related to the use of medicaid program funds or services provided 3 through the medicaid program that are not already in the possession of the 4 director of the department of health and welfare or his designated agent. The 5 attorney general or any prosecuting attorney or the designated agent of either 6 may also compel testimony by the custodian of the items subpoenaed concerning 7 the production and authenticity of those items. 8 (a) A subpoena under this subsection (2) shall describe the items 9 required to be produced with particularity and prescribe a return date of 10 a reasonable period of time within which the items can be assembled and 11 made available to the attorney general or any prosecuting attorney or the 12 designated agent of either. 13 (b) At any time before the return date specified in the subpoena, the 14 enrolled or formerly enrolled provider who offers services pursuant to the 15 medicaid program may apply to a judge of the district court of the county 16 where such provider is in attendance, for an order modifying or quashing 17 the subpoena. A subpoena that requests items that are reasonably relevant 18 to an investigation of fraud or other crime directly related to the use of 19 medicaid program funds or services provided through the medicaid program, 20 shall not be modified or quashed. Probable cause for the issuance of an 21 investigatory subpoena under this subsection (2) shall not be required. 22 (3) Subpoenas issued pursuant to this section shall be served and witness 23 fees and mileage paid as allowed in civil cases in the district courts of this 24 state. 25 (4)Inspectors and iInvestigators employed by theIdaho state police26 attorney general for theenforcement of this actinvestigation and prosecution 27 of providers of services pursuant to the medicaid program shall have all the 28 authority given by statute to peace officers of the state of Idaho, including, 29 but not limited to, authority to obtain, serve and execute warrants of arrest 30 and warrants of search and seizure. 31 SECTION 18. That Section 56-227D, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 56-227D. FEDERAL FOOD STAMPS -- UNAUTHORIZED USE -- EXCEPTION -- DEFINI- 34 TION. (a1) It is a misdemeanor for any person to buy, receive, sell, give 35 away, dispose of, exchange or barter any federal food stamps of a value of one 36 hundred fifty dollars ($150) or less, except for the eligible foods for which 37 they are issued. 38 (b2) It is a felony for any person to buy, receive, sell, give away, dis- 39 pose of, exchange or barter any federal food stamps of a value exceeding one 40 hundred fifty dollars ($150), except for the eligible foods for which they are 41 issued. 42 (c3) This section does not apply to any person buying, receiving, sell- 43 ing, giving away, disposing of, exchanging or bartering any federal food 44 stamps subsequent to the redemption of such stamps in the manner provided by 45 state or federal law. 46 (d4) As used in this section, federal food stamps refers to stamps issued 47 for food by the United States department of agriculture or its duly authorized 48 agent. 49 (5) This section shall be enforced by the director of the department of 50 health and welfare in cooperation with local law enforcement and prosecuting 51 agencies. Such enforcement shall not be the responsibility of the medicaid 52 fraud control unit as provided in section 56-226, Idaho Code. 25 1 SECTION 19. That Chapter 2, Title 56, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 56-227E, Idaho Code, and to read as follows: 4 56-227E. OBSTRUCTION OF INVESTIGATION. (1) An obstruction of investiga- 5 tion consists of knowingly: 6 (a) Providing false information to, or knowingly withholding information 7 from, any person authorized to investigate a violation of this chapter or 8 to enforce the criminal or civil remedies of this chapter where that 9 information is material to the investigation or enforcement; or 10 (b) Altering any document or record required to be retained pursuant to 11 this chapter or any rule issued by the department of health and welfare, 12 when the alteration is intended to mislead an investigation and concerns 13 information material to that investigation. 14 (2) Whoever commits an obstruction of investigation shall be guilty of a 15 felony and shall be sentenced pursuant to the provisions of section 18-112, 16 Idaho Code. 17 SECTION 20. That Section 67-1401, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-1401. DUTIES OF ATTORNEY GENERAL. Except as otherwise provided in this 20 chapter, it is the duty of the attorney general: 21 (1.) To perform all legal services for the state and to represent the 22 state and all departments, agencies, offices, officers, boards, commissions, 23 institutions and other state entities, in all courts and before all adminis- 24 trative tribunals or bodies of any nature. Representation shall be provided to 25 those entities exempted pursuant to the provisions of section 67-1406, Idaho 26 Code. Whenever required to attend upon any court or administrative tribunal 27 the attorney general shall be allowed necessary and actual expenses, all 28 claims for which shall be audited by the state board of examiners. 29 (2.) To advise all departments, agencies, offices, officers, boards, com- 30 missions, institutions and other state entities in all matters involving ques- 31 tions of law. 32 (3.) After judgment in any of the causes referred to in the first subdi- 33 vision, to direct the issuing of such process as may be necessary to carry the 34 same into execution. 35 (4.) To account for and pay over to the proper officer all moneys 36 received which belong to the state. 37 (5.) To supervise nonprofit corporations, corporations, charitable or 38 benevolent societies, person or persons holding property subject to any public 39 or charitable trust and to enforce whenever necessary any noncompliance or 40 departure from the general purpose of such trust and, in order to accomplish 41 such purpose, said nonprofit corporations, corporations, charitable or benevo- 42 lent societies, person or persons holding property subject to any public or 43 charitable trust are subject at all times to examination by the attorney gen- 44 eral, on behalf of the state, to ascertain the condition of its affairs and to 45 what extent, if at all, said trustee or trustees may have failed to comply 46 with trusts said trustee or trustees have assumed or may have departed from 47 the general purpose for which it was formed. In case of any such failure or 48 departure, the attorney general shall institute, in the name of the state, any 49 proceeding necessary to enforce compliance with the terms of the trust or any 50 departure therefrom. 51 (6.) To give an opinion in writing, without fee, to the legislature or 52 either house thereof, or any senator or representative, and to the governor, 26 1 secretary of state, treasurer, state controller, and the superintendent of 2 public instruction, when requested, upon any question of law relating to their 3 respective offices. The attorney general shall keep a record of all written 4 opinions rendered by the office and such opinions shall be compiled annually 5 and made available for public inspection. All costs incurred in the prepara- 6 tion of said opinions shall be borne by the office of the attorney general. A 7 copy of the opinions shall be furnished to the supreme court and to the state 8 librarian. 9 (7.) When required by the public service, to repair to any county in the 10 state and assist the prosecuting attorney thereof in the discharge of duties. 11 (8.) To bid upon and purchase, when necessary, in the name of the state, 12 and under the direction of the state controller, any property offered for sale 13 under execution issued upon judgments in favor of or for the use of the state, 14 and to enter satisfaction in whole or in part of such judgments as the consid- 15 eration for such purchases. 16 (9.) Whenever the property of a judgment debtor in any judgment mentioned 17 in the preceding subdivision has been sold under a prior judgment, or is sub- 18 ject to any judgment, lien, or encumbrance, taking precedence of the judgment 19 in favor of the state, under the direction of the state controller, to redeem 20 such property from such prior judgment, lien, or encumbrance; and all sums of 21 money necessary for such redemption must, upon the order of the board of exam- 22 iners, be paid out of any money appropriated for such purposes. 23 (10.) When necessary for the collection or enforcement of any judgment 24 hereinbefore mentioned, to institute and prosecute, in behalf of the state, 25 such suits or other proceedings as may be necessary to set aside and annul all 26 conveyances fraudulently made by such judgment debtors; the cost necessary to 27 the prosecution must, when allowed by the board of examiners, be paid out of 28 any appropriations for the prosecution of delinquents. 29 (11.) To exercise all the common law power and authority usually apper- 30 taining to the office and to discharge the other duties prescribed by law. 31 (12.) To report to the governor, at the time required by this code, the 32 condition of the affairs of the attorney general's office and of the reports 33 received from prosecuting attorneys. 34 (13.) To appoint deputy attorneys general and special deputy attorneys 35 general and other necessary staff to assist in the performance of the duties 36 of the office. Such deputies and staff shall be nonclassified employees within 37 the meaning of section 67-5302, Idaho Code. 38 (14) To establish a medicaid fraud control unit pursuant to the provi- 39 sions of section 56-226, Idaho Code, and to exercise concurrent investigative 40 and prosecutorial authority and responsibility with county prosecutors to 41 prosecute persons for the violation of the criminal provisions of chapter 2, 42 title 56, Idaho Code, and for criminal offenses that are not defined in said 43 chapter 2, title 56, Idaho Code, but that involve or are directly related to 44 the use of medicaid program funds or services provided through the medicaid 45 program.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 16914 This legislation defines and provides for a Medicaid Fraud Program in the Department of Health and Welfare that is outside the scope and duties of the Medicaid Fraud Control Unit and establishes in the Office of the Attorney General an independent and certified Medicaid Fraud Control Unit as defined and required in 42 U.S.C. Sections 1320(a)-7b(f)1 and 1396a(61). This legislation also outlines the authority and duties of the Medicaid Fraud Program and the Medicaid Fraud Control Unit. It outlines the proper handling of Medicaid fraud referrals between the Department of Health and Welfare and the Office of the Attorney General. It provides to the Office of the Attorney General and prosecuting attorneys authority to prosecute Medicaid fraud. It requires the retention of Medicaid records. Obstruction of investigations, incrimination, and criminal penalties pertaining to Medicaid fraud are defined and set forth. The adoption of procedures, collection of overpayments, employment of necessary personnel, and rulemaking authority are outlined. FISCAL NOTE The ongoing costs of creating a separate certified Medicaid Fraud Unit within the Criminal Division of the Office of the Attorney General is estimated to be $75,000 from the General Fund and $675,000 from federal funds. The federal government will reimburse the state 90% of the costs for the first three years, and then in subsequent years will reimburse 75% of the expenses of a certified unit. This unit will be comprised of two attorneys, two investigators, two auditors, a paralegal, and a legal secretary. This fiscal note does project any recoveries or savings due to the deterrent impact of the unit. The state portion of any recoveries shall be deposited into the General Fund. The state typically receives 30% of any recovered funds. Contact Name: Rep. Mathews Phone: 208 332-1000 Rep. Denney Rep. Block Rep. Hagedorn Sen. Cameron Rep. Moyle Rep. McGeachin Rep. Bilbao Sen. Lodge Rep. Bedke Rep. Loertscher Sen. McGee Rep. Roberts Rep. Wood Rep. Bell Rep. Henbest STATEMENT OF PURPOSE/FISCAL NOTE H 166