Oklahoma § 56-1003 - Medicaid fraud control unit - Creation - Status - Power

§ 56-1003. Medicaid fraud control unit - Creation - Status - Power

and authority - Attorney General's Medicaid Fraud Revolving Fund.

A. There is hereby created within the Office of the Attorney

General, a Medicaid fraud control unit.

B. The Medicaid fraud control unit shall be the state entity to

which all cases of suspected Medicaid fraud shall be referred by the

Oklahoma Health Care Authority or its fiscal agents for the purposes

of investigation, civil action, criminal action or referral to the

district attorney. Provided however, nothing contained in the

Oklahoma Medicaid Program Integrity Act shall prohibit the Oklahoma

Health Care Authority from investigating or additionally referring

to other proper law enforcement agencies cases of suspected Medicaid

Oklahoma Statutes - Title 56. Poor Persons

fraud, nor the Attorney General from pursuing cases of suspected

Medicaid fraud without a referral from the Oklahoma Health Care

Authority if there is credible evidence of fraud. The Oklahoma

Health Care Authority shall be authorized to require providers to

display information about how to report providers suspected of

fraudulent activity relating to the Oklahoma Medicaid Program. The

Oklahoma Health Care Authority shall require that signs be posted in

any and all locations where services provided by the Oklahoma

Medicaid Program are delivered to Medicaid recipients. The sign

shall make reference to the Attorney General’s Medicaid Fraud

Control Unit hotline and provide the current phone number for the

hotline, and shall be placed in a conspicuous location within a

provider’s office. The sign shall contain notification that all

reports to the hotline may be filed anonymously by persons

suspecting fraudulent activity.

C. 1. In carrying out these responsibilities, the Attorney

General shall have all the powers necessary to comply with federal

laws and regulations relative to the operation of a Medicaid fraud

unit, the power to cross-designate assistant United States attorneys

as assistant attorneys general, the power to investigate cases of

patient abuse, the power to issue or cause to be issued subpoenas or

other process in aid of investigations and prosecutions, the power

to administer oaths and take sworn statements under penalty of

perjury, the power to serve and execute in any county, search

warrants which relate to investigations authorized by the Oklahoma

Medicaid Program Integrity Act and shall have all the powers of a

district attorney.

2. Subpoenas ad testificandum or duces tecum issued pursuant to

the Oklahoma Medicaid Program Integrity Act may be served by the

Attorney General, any peace officer, or any competent person over

eighteen (18) years of age, and may require attendance or production

at any place in this state. A refusal to obey such subpoena, or

willful failure to appear, be sworn, testify, or produce records at

the place and time specified shall constitute contempt and shall be

enforced by the district court of the county where issued or the

county where served, at the election of the Attorney General, as if

it was a contempt on that court.

D. The Attorney General shall have authority to collect all

fines, penalties, amounts of restitution, or interest accruing on

any amount of restitution to be made and any penalties to be paid

from and after default in the payment thereof levied pursuant to the

provisions of the Oklahoma Medicaid Program Integrity Act, the

Oklahoma Medicaid False Claims Act, or any other charge, cause of

action, prelitigation settlement or other settlement which recovers

money wrongfully paid by the Oklahoma Health Care Authority on a

claim submitted to the Oklahoma Health Care Authority. However,

this subsection is not in any way intended to affect the contempt

Oklahoma Statutes - Title 56. Poor Persons

power of any court. Funds collected by the Attorney General

pursuant to this section shall be deposited as follows:

1. Restitution recovered and interest thereon shall be returned

to the Oklahoma Health Care Authority for deposit to the Oklahoma

Health Care Authority Medicaid Program Fund created pursuant to

Section 5020 of Title 63 of the Oklahoma Statutes;

2. Costs of investigation, litigation, attorney fees, and other

expenses shall be retained by the Office of the Attorney General and

shall be deposited in the Attorney General's Medicaid Fraud

Revolving Fund created pursuant to subsection E of this section; and

3. Fines and penalties and other funds recovered and interest

thereon shall be deposited in the Attorney General's Medicaid Fraud

Revolving Fund; provided, the balance in the Attorney General's

Medicaid Fraud Revolving Fund shall not exceed an amount equal to

fifty percent (50%) of the current-year budget for operating costs

of the Medicaid Fraud Control Unit. Any funds exceeding that amount

shall be deposited as follows:

a.

seventy-five percent (75%) to the General Revenue

Fund, and

b.

twenty-five percent (25%) to the Attorney General's

Evidence Fund created pursuant to Section 19 of Title

74 of the Oklahoma Statutes.

E. There is hereby created in the State Treasury a revolving

fund for the Office of the Attorney General, to be designated the

"Attorney General's Medicaid Fraud Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of any monies designated to the fund by law. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Attorney General for

activities related to the Medicaid Fraud Control Unit. Expenditures

from said fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.

Added by Laws 1989, c. 220, § 3, operative July 1, 1989. Amended by

Laws 1990, c. 144, § 2, emerg. eff. May 1, 1990; Laws 1995, c. 306,

§ 2, eff. July 1, 1995; Laws 2011, c. 306, § 1; Laws 2012, c. 244, §

1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 36, emerg. eff. April 8,

2013; Laws 2013, c. 106, § 1, eff. Nov. 1, 2013.

NOTE: Laws 2012, c. 304, § 240 repealed by Laws 2013, c. 15, § 37,

emerg. eff. April 8, 2013.