January 21, 2003, read first time and referred to Committee on Health and Provider
Services.
Introduced
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
SENATE BILL No. 461
A BILL FOR AN ACT to amend the Indiana Code concerning
Medicaid.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 4-6-10-1.5
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]: Sec. 1.5. The state Medicaid fraud control unit has the
authority to:
(1) investigate, in accordance with federal law (42 U.S.C.1396
et seq.):
(A) Medicaid fraud;
(B) abuse of Medicaid patients; and
(C) neglect of Medicaid patients; and
(2) investigate, in accordance with federal law (42 U.S.C. 1396
et seq.) and as allowed under 42 U.S.C. 1396b(q)(4)(A)(ii),
abuse of patients in board and care facilities.
SECTION 2.
IC 4-6-10-3
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. The attorney general and an
investigator of the Medicaid fraud control unit, when engaged in:
(1) an investigation of an alleged offense involving Medicaid
fraud; or
(2) the prosecution of an alleged offense involving Medicaid
fraud,
abuse of a Medicaid recipient, or neglect of a Medicaid
recipient investigated under
section 1.5 of this chapter
or that
has been referred to the attorney general under
IC 12-15-23-6
;
may issue, serve, and apply to a court to enforce, a subpoena for a
witness to appear before the attorney general in person to produce
books, papers, or other records, including records stored in electronic
data processing systems, for inspection and examination.
SECTION 3.
IC 12-15-23-6
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. (a) If the state
Medicaid fraud control unit determines that an action based on the state
Medicaid fraud control unit's investigations
under the unit's authority
under
IC 4-6-10-1.5
is meritorious, the unit shall certify the facts
drawn from the investigation to the prosecuting attorney of the judicial
circuit in which the crime may have been committed.
(b) The state Medicaid fraud control unit shall assist the prosecuting
attorney in prosecuting an action under this section.
(c) A prosecuting attorney to whom facts concerning alleged
Medicaid fraud are certified under subsection (a) may refer the matter
to the attorney general.
(d) If a matter has been referred to the attorney general under
subsection (c), the attorney general may:
(1) file an information in a court with jurisdiction over the matter
in the county in which the offense is alleged to have been
committed; and
(2) prosecute the alleged offense.
SECTION 4.
IC 12-15-23-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 8. (a) Subject to
subsection (b), if the court finds in favor of the attorney general in a
civil action brought by the attorney general under section 7 of this
chapter, the court may do the following:
(1) Award damages against the provider of not more than three
(3) times the amount paid to the provider in excess of the amount
that was legally due.
(2) Assess a civil penalty against the provider of not more than
five hundred dollars ($500) for each instance of overpayment
found by the court.
(3) Order the provider to reimburse the attorney general for the
reasonable costs of the attorney general's investigation
of not
more than five hundred dollars ($500). and enforcement action.
(4) Take any combination of the actions described in subdivisions
(1), (2), and (3).
(b) The court may only take action under subsection (a)(2) and
(a)(3) if the provider knew or had reason to know that an item or a
service was not provided as claimed.
SECTION 5.
IC 33-14-1-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. Except as provided
in
IC 4-6-10-1.5
and
IC 12-15-23-6
(d),
the prosecuting attorneys,
within their respective jurisdictions, shall conduct all prosecutions for
felonies, misdemeanors, or infractions and all suits on forfeited
recognizances; and superintend, on behalf of counties or any of the
trust funds, all suits in which the same may be interested or involved,
and shall perform all other duties required by law.