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205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliation.

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Page 1 of 1 205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliation. (1) Any person who knows or has reasonable cause to believe that a violation of this chapter has been or is being committed by any person, corporation, or entity, shall <br>report or cause to be reported to the state Medicaid Fraud Control Unit, or the <br>Medicaid Fraud and Abuse hotline, the following information, if known: <br>(a) The name and address of the offender; <br>(b) The offender's place of employment; <br>(c) The nature and extent of the violation; <br>(d) The identity of the complainant; and <br>(e) Any other information that the receiving person reasonably believes might be helpful in investigation of the alleged fraud, abuse, or misappropriation. The state Medicaid Fraud Control Unit shall periodically publicize the provisions of <br>this subsection. (2) The identity of any person making a report under this section shall be considered confidential by the receiving party. Any person making a report under this section <br>regarding the offenses of another shall not be liable in any civil or criminal action <br>based on the report if it was made in good faith. (3) No employer shall, without just cause, discharge or in any manner discriminate or retaliate against any person who in good faith makes a report required or permitted <br>by KRS 205.8451 to 205.8483, testifies, or is about to testify, in any proceeding <br>with regard to any report or investigation. Any individual injured by any act in <br>violation of the provisions of this subsection shall have a civil cause of action in <br>Circuit Court to enjoin further violations, and to recover the actual damages <br>sustained, together with the costs of the lawsuit, including a reasonable fee for the <br>individual's attorney of record. (4) No employee of the state Medicaid Fraud Control Unit, the Office of the Attorney General, the Office of the Inspector General, or the Cabinet for Health and Family <br>Services shall notify the alleged offender of the identity of the person who in good <br>faith makes a report required or permitted by KRS 205.8451 to 205.8483 nor shall <br>the employee notify the alleged offender that a report has been made alleging a <br>violation of KRS 205.8451 to 205.8483 until such time as civil or criminal <br>proceedings have been initiated or a formal investigation has been initiated. Any <br>information or report concerning an alleged offender shall be considered <br>confidential in accordance with the Kentucky Open Records Law, KRS 61.870 to <br>61.884. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 280, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 227, effective July 15, 1998. -- Created 1994 Ky. Acts <br>ch. 96, sec. 8, effective July 15, 1994; and ch. 316, sec. 8, effective July 15, 1994.