05RS SB223

SB223

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SB 223/LM (BR 1654) - V. McGaha

     AN ACT relating to the Office of Inspector General.
     Create new sections of KRS Chapter 194A to establish the authority of the Inspector General to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance, violations of the chapter, or violations of other laws or procedures relating to programs in the Cabinet for Health Services or Cabinet for Families and Children; require state and local government employees to cooperate with investigations of the Inspector General; permit the Inspector General to have access to records relating to investigations, and require recipients of public assistance to give consent, as condition precedent to receiving public assistance, to the cabinet making inquiry of past and present employers, income tax returns, and other records; establish authority for administrative subpoenas within the Office of the Inspector General in response to failure to appear for show cause order; allow service and enforcement of administrative subpoenas; amend KRS 194A.505 to define "administrative penalties" and "program abuse"; create a new section of KRS Chapter 194A to require persons with knowledge to report fraud, waste, and abuse, and establish a fine of $1,000 for failure to make a report; create the fraud, waste, and abuse recovery fund; amend KRS 194A.505 to permit the Inspector General to commence administrative proceedings to enforce violations of the chapter, and permit cumulative effect of the penalties; create a new section of KRS Chapter 194A to establish prohibited activities to procure benefits; specify administrative penalties and allow for enforcement; amend KRS 205.010 to define "overpayment"; create a new section of KRS Chapter 205 to require records that relate to goods or services to be maintained by providers or subcontractors, and establish penalty of 150% of the amount payable for which insufficient audit records exist; create a new section of KRS Chapter 205 to specify for administrative sanctions; amend KRS 205.8451 to clarify definition of provider abuse; amend KRS 205.8455 to allow for recipient utilization controls and remove references to the Recipient Utilization Review Committee; amend KRS 205.8467 to permit certain recoveries to be made into the fraud, waste, and abuse recovery fund; amend KRS 194B.500 to define "administrative penalty," "provider," "and program abuse"; amend KRS 194B.505 to permit the Inspector General to commence administrative proceedings to enforce violations of the chapter, and permit cumulative effect of the penalties; and create a new section of KRS Chapter 194A to establish prohibited activities to procure benefits, and specify administrative penalties and allow for enforcement; amend KRS 205.8459 to conform.

     Feb 14-introduced in Senate
     Feb 15-to Health and Welfare (S)
     Feb 16-taken from committee; laid on clerk's desk; taken from clerk's desk; 1st reading; returned to Health and Welfare (S)


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