REPORT TITLE:
Medicaid Fraud


DESCRIPTION:
Clarifies functions of medicaid fraud unit of the attorney
general to enforce Medicaid fraud and other federal health
programs; allows unit to conduct an elder abuse neglect and
prevention program; and allows Medicaid investigations recovery
fund to provide funds for abuse and neglect prevention program.
(SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2484
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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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 other federal health care programs and violations of all
 
15 applicable state laws relating to the providing of medical
 
16 assistance and the activities of providers of such assistance.
 
17 The medicaid fraud unit may also review and take appropriate
 
18 action on complaints of abuse and neglect of patients of health
 
19 care facilities [receiving payments under the state plan for
 
20 medical assistance] and other facilities set out in title 42
 

 
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 1 United States Code section 1396 et seq. and may provide for
 
 2 collection or referral for collection of overpayments made under
 
 3 the state plan for medical assistance and other federal health
 
 4 care programs that are discovered by the unit in carrying out its
 
 5 activities.
 
 6      (c)  The medicaid fraud unit may conduct an elder abuse
 
 7 neglect and prevention program to increase public awareness,
 
 8 train law enforcement agencies, and facilitate cooperation
 
 9 throughout the State."
 
10      SECTION 2.  Section 28-91.5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "[[]§28-91.5[]]  Medicaid investigations recovery fund;
 
13 established. (a)  There is established in the state treasury the
 
14 medicaid investigations recovery fund as a special fund, and
 
15 which is to be administered by the department of the attorney
 
16 general, into which shall be deposited all funds that have been
 
17 recovered as a result of medicaid fraud settlements[.] or
 
18 judgments.
 
19      (b)  Moneys from this special fund shall be used to support
 
20 a portion of operating expenses of the medicaid fraud unit within
 
21 the department of the attorney general[.], and provide funding
 
22 for the abuse and neglect prevention program.  Special fund
 
23 moneys shall not be used to provide funding for the abuse and
 

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

 
 1 neglect prevention program if such use would jeopardize federal
 
 2 funding or the operation of the medicaid fraud unit."
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.