An Act To Strengthen the State's Ability To Investigate and Prosecute Misuse of Public Benefits
Sec. 1. 17-A MRSA §905-C is enacted to read:
§ 905-C. Misuse of public benefits instrument
Sec. 2. 22 MRSA §13, sub-§6, ¶B, as amended by PL 2003, c. 688, Pt. C, §6, is further amended to read:
Sec. 3. 22 MRSA §21, sub-§4, as enacted by PL 1995, c. 675, §1, is amended to read:
Sec. 4. 22 MRSA §23 is enacted to read:
§ 23. Unauthorized use of electronic benefits transfer system
Sec. 5. 22 MRSA §1714-A, sub-§1, ¶C, as enacted by PL 1991, c. 9, Pt. G, §4, is amended to read:
Sec. 6. 22 MRSA §1714-A, sub-§1, ¶¶I and J, as enacted by PL 1991, c. 9, Pt. G, §4, are amended to read:
(1) The department reimbursing a person other than the former provider for the provision of care or services; or
(2) The discontinuation of the provision of care or services.
Sec. 7. 22 MRSA §1714-A, sub-§4, ¶¶A and B, as enacted by PL 1991, c. 9, Pt. G, §4, are amended to read:
(1) All debts owed by the former provider to the department have been paid, except as stated in subparagraph (2);
(2) If the indebtedness is the subject of an administrative appeal, an escrow account has been created and funded in an amount sufficient to cover the debt as claimed by the department; or
(3) An interim cost report has:
(a) Been filed and an escrow account has been created and funded in an amount sufficient to cover any overpayment identified in the report; or
(b) Not been filed and an escrow account has been created and funded in an amount sufficient to cover 5% of Medicaid reimbursement or cost reimbursement for the last fiscal year or $50,000, whichever is less.
Sec. 8. 22 MRSA §1714-A, sub-§4, ¶C, as amended by PL 1991, c. 568, §2, is further amended to read:
Sec. 9. 22 MRSA §1714-D is enacted to read:
§ 1714-D. Credible allegations of fraud; provider payment suspensions
If the department determines that there is a credible allegation of fraud by a provider under the MaineCare program, the following procedures apply.
Sec. 10. 22 MRSA §3104, sub-§12, as amended by PL 2009, c. 291, §2, is further amended to read:
Sec. 11. 22 MRSA §3811, sub-§3, as amended by PL 1997, c. 466, §27 and affected by §28, is further amended to read:
Sec. 12. 22 MRSA §3811, sub-§4, as amended by PL 1997, c. 683, Pt. C, §9 and affected by §10, is further amended to read:
Sec. 13. Emergency rules. Notwithstanding the Maine Revised Statutes, Title 5, section 8054, the department may adopt emergency rules to implement Title 22, section 1714-D without the necessity of demonstrating that immediate adoption is necessary to avoid a threat to public health or safety or the general welfare, if notice is given through a MaineCare provider list and 5 days or more are allowed for comment prior to adoption of the rules.
Sec. 14. Appropriations and allocations. The following appropriations and allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
Office for Family Independence Z020
Initiative: Effective January 1, 2013, establishes and provides funding for 8 Fraud Investigator positions and 2 Office Associate positions and related All Other costs funded 50% from the General Fund and 50% from Other Special Revenue Funds in the Office for Family Independence program.
GENERAL FUND | 2011-12 | 2012-13 |
Personal Services
|
$0 | $156,506 |
All Other
|
$0 | $9,822 |
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|
GENERAL FUND TOTAL | $0 | $166,328 |
OTHER SPECIAL REVENUE FUNDS | 2011-12 | 2012-13 |
POSITIONS - LEGISLATIVE COUNT
|
0.000 | 10.000 |
Personal Services
|
$0 | $156,506 |
All Other
|
$0 | $14,419 |
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|
OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $170,925 |