249A.7 - FRAUDULENT PRACTICES -- INVESTIGATIONS AND AUDITS -- MEDICAID FRAUD ACCOUNT.
249A.7 FRAUDULENT PRACTICES -- INVESTIGATIONS AND
AUDITS -- MEDICAID FRAUD ACCOUNT.
1. A person who obtains assistance or payments for medical
assistance under this chapter by knowingly making or causing to be
made, a false statement or a misrepresentation of a material fact or
by knowingly failing to disclose a material fact required of an
applicant for aid under the provisions of this chapter and a person
who knowingly makes or causes to be made, a false statement or a
misrepresentation of a material fact or knowingly fails to disclose a
material fact concerning the applicant's eligibility for aid under
this chapter commits a fraudulent practice.
2. The department of inspections and appeals shall conduct
investigations and audits as deemed necessary to ensure compliance
with the medical assistance program administered under this chapter.
The department of inspections and appeals shall cooperate with the
department of human services on the development of procedures
relating to such investigations and audits to ensure compliance with
federal and state single state agency requirements.
3. A Medicaid fraud account is created in the general fund of the
state under the authority of the department of inspections and
appeals. Moneys from penalties and other amounts received as a
result of prosecutions involving the department of inspections and
appeals investigations and audits to ensure compliance with the
medical assistance program that are not credited to the program may
be credited to the account. Notwithstanding sections 8.33 and 8.39,
moneys credited to the account shall not revert to any other account
or fund and are not subject to transfer except as specifically
provided by law. Moneys in the fund shall be used for costs
associated with the department of inspections and appeals' efforts to
address medical assistance program fraud and abuse and for costs
incurred by the department of inspections and appeals or other
agencies in providing regulation, responding to allegations, or other
activity involving chapter 135O. The department of inspections and
appeals and other agencies receiving moneys from the account shall
provide a joint annual report to the governor and general assembly
detailing the expenditures from the account and activities performed
relating to the expenditures. This subsection is repealed on July 1,
2012. Section History: Early Form
[C62, 66, § 249A.15; C71, 73, 75, 77, 79, 81, § 249A.7] Section History: Recent Form
90 Acts, ch 1204, §63; 97 Acts, ch 56, § 3; 2009 Acts, ch 136, §10
See § 714.8 et seq.