REPORT TITLE:
Medicaid Fraud


DESCRIPTION:
Clarifies functions of medicaid fraud unit of the attorney
general to enforce Medicaid fraud.  (HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2484
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            H.D. 1
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO MEDICAID RECOVERY. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 28-91, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]�28-91[]]  Medicaid fraud unit.  (a)  There is
 
 4 established a medicaid fraud unit in the department of the
 
 5 attorney general [a medicaid fraud unit].  The unit shall employ
 
 6 such attorneys, auditors, investigators, and other personnel as
 
 7 necessary to promote the effective and efficient conduct of the
 
 8 unit's activities.  Except for the attorneys, all other employees
 
 9 of the medicaid fraud unit shall be subject to chapters 76 and
 
10 77.
 
11      (b)  The purpose of the medicaid fraud unit shall be to
 
12 conduct a statewide program for the investigation and prosecution
 
13 of [medicaid fraud cases] fraud cases involving Medicaid and
 
14 violations of all applicable state laws relating to the providing
 
15 of medical assistance and the activities of providers of such
 
16 assistance.  The medicaid fraud unit may also review and take
 
17 appropriate action on complaints of abuse and neglect of patients
 
18 of health care facilities [receiving payments under the state
 
19 plan for medical assistance] and other facilities set out in
 
20 title 42 United States Code section 1396 et seq. and may provide
 

 
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                                     S.B. NO.           2484
                                                        S.D. 1
                                                        H.D. 1

 
 1 for collection or referral for collection of overpayments made
 
 2 under the state plan for medical assistance that are discovered
 
 3 by the unit in carrying out its activities.
 
 4      SECTION 2.  Section 28-91.5, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]�28-91.5[]]  Medicaid investigations recovery fund;
 
 7 established. (a)  There is established in the state treasury the
 
 8 medicaid investigations recovery fund as a special fund, and
 
 9 which is to be administered by the department of the attorney
 
10 general, into which shall be deposited all funds that have been
 
11 recovered as a result of medicaid fraud settlements[.] or
 
12 judgments.
 
13      (b)  Moneys from this special fund shall be used to support
 
14 a portion of operating expenses of the medicaid fraud unit within
 
15 the department of the attorney general."
 
16      SECTION 3.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.