Bill Text: MS SB2733 | 2012 | Regular Session | Introduced
Bill Title: Office of Public Assistance Inspector General; establish.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [SB2733 Detail]
Download: Mississippi-2012-SB2733-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Accountability, Efficiency, Transparency; Appropriations
By: Senator(s) Collins
Senate Bill 2733
AN ACT TO ESTABLISH AND EMPOWER THE OFFICE OF PUBLIC ASSISTANCE INSPECTOR GENERAL; TO PRESCRIBE QUALIFICATIONS FOR THE PUBLIC ASSISTANCE INSPECTOR GENERAL; TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE OF PUBLIC ASSISTANCE INSPECTOR GENERAL RELATIVE TO THE INVESTIGATION, REPORTING AND PROSECUTING OF PUBLIC ASSISTANCE FRAUD AND MISREPRESENTATION; TO GRANT SUBPOENA POWER TO THE PUBLIC ASSISTANCE INSPECTOR GENERAL; TO PROVIDE A COMPLAINTS PROCEDURE; TO PROHIBIT DISCLOSURE OF CONFIDENTIAL INFORMATION; TO AMEND SECTIONS 25-9-171, 33-15-43, 43-1-23, 43-13-129, 43-13-131, 43-13-219, 43-13-221, 43-13-227, 43-13-229, 43-13-231, 43-17-25, 43-33-16, 43-47-37, 71-5-17 AND 71-5-19, MISSISSIPPI CODE OF 1972, TO SPECIFICALLY AUTHORIZE THE PUBLIC ASSISTANCE INSPECTOR GENERAL TO INVESTIGATE AND PROSECUTE CASES OF MEDICAID, TANF, UNEMPLOYMENT COMPENSATION AND HOUSING ASSISTANCE FRAUD; AND IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby established within the executive branch of government the Office of Public Assistance Inspector General. The Public Assistance Inspector General shall be appointed by the Governor, with the advice and consent of the Senate, for a term of office of six (6) years to commence on July 1, 2012, and every six (6) years thereafter.
(2) Only an individual who meets one or more of the following qualifications is eligible to be appointed Public Assistance Inspector General:
(a) Admission to the Bar of this or any other state;
(b) Certification as a certified public accountant in this or any other state; or
(c) At least five (5) years' experience as a law enforcement officer in this or any other state.
No individual who has been convicted, in this or any other state, of a felony or of any crime involving fraud, dishonesty or moral turpitude shall be appointed Public Assistance Inspector General.
(3) The Public Assistance Inspector General shall establish and maintain offices in Jackson, Mississippi. The Public Assistance Inspector General may appoint one or more deputies and necessary professional, technical and clerical staff to perform investigations, prosecutions, reports, and other responsibilities of the Public Assistance Inspector General. All employees of the Public Assistance Inspector General are in the nonstate service of the State of Mississippi and serve at the will and pleasure of the Public Assistance Inspector General. The Public Assistance Inspector General may enter into any contracts that are necessary to the operation of the Office of the Public Assistance Inspector General. The contracts may include, but are not limited to, contracts for the services of persons who are experts in a particular field and whose expertise is necessary to the successful completion of an investigation. If Public Assistance Inspector General is not a licensed attorney, he must appoint a deputy who is a licensed attorney for the purpose of filing necessary actions in state or federal court.
(4) The Public Assistance Inspector General shall be responsible for investigating, prosecuting and recovering claims for amounts of public assistance fraudulently obtained by recipients of such assistance and claims for amounts of public assistance fraudulently obtained by providers of such assistance. For purposes of this section, "public assistance" means state or local public benefits in 8 USC, Section 1621, or federal public benefits in 8 USC, Section 1611, and specifically includes Medicaid assistance, Temporary Assistance for Needy Families (TANF) assistance, Supplemental Nutrition Assistance Program (SNAP), Low-Income Home Energy Assistance Program (LIHEAP), and public housing assistance.
(5) The Public Assistance Inspector General shall do all of the following:
(a) Investigate the management and operation of public assistance programs on his own initiative in order to determine whether wrongful acts or omissions of public assistance fraud have been committed or are being committed by public assistance recipients or providers or by state employees;
(b) Receive complaints alleging wrongful acts or omissions of public assistance fraud, determine whether the information contained in those complaints allege facts that give reasonable cause to investigate and if so, investigate to determine if there is reasonable cause to believe that the alleged wrongful act or omission has been committed or is being committed by a public assistance recipient, provider or state employee, and to develop a procedure for making these complaints;
(c) In performing any investigation, the Public Assistance Inspector General and any Deputy Public Assistance Inspector General may administer oaths, examine witnesses under oath, and issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of all kinds of books, records, papers and tangible property upon the refusal of a witness to be sworn or to answer any question put to him, or if a person disobeys a subpoena, the Public Assistance Inspector General may apply to a proper court for a contempt order, as in the case of disobedience to the requirement of a subpoena issued from such court or refusal to testify in the court;
(d) Persons employed by the Public Assistance Inspector General as investigators are law enforcement officers under Section 45-6-3, and they may make arrests and execute search warrants and other valid legal process anywhere within the State of Mississippi;
(e) The Public Assistance Inspector General shall contemporaneously report suspected wrongful acts or omissions of public assistance fraud by recipients, providers or state employees, in connection with an investigation of such act or omission, to the Governor and the executive director of the appropriate state or federal public assistance agency, and may file an appropriate civil action for the recovery of any funds fraudulently received by a public assistance recipient, provider or state employee. In any criminal prosecution involving alleged violations of a public assistance law, the Public Assistance Inspector General has all the powers of a district attorney, including the powers to issue or cause to be issued subpoenas or other process. In addition, the Public Assistance Inspector General shall report the wrongful public assistance acts or omissions, as appropriate under the circumstances, to the appropriate licensing agency for possible disciplinary action, or to the person's public or private employer for possible disciplinary action, after the alleged act or omission has been determined to have occurred;
(f) Identify other state agencies that also are responsible for investigating, auditing, reviewing or evaluating the management and cooperation of state, local and federal agencies that provide public assistance, and negotiate and enter into agreements with these agencies to share information and avoid duplication of effort;
(g) Report expeditiously to, and cooperate fully with, the Office of the Attorney General, the Department of Audit, the Ethics Commission, the Joint Committee on Performance Evaluation and Expenditure Review (PEER) and other law enforcement agencies when there are reasonable grounds to believe that there has been a violation of public assistance law;
(h) The report of any investigation conducted by the Public Assistance Inspector General is a public record, provided that the Public Assistance Inspector General may designate all or part of a report as confidential in conformity with the provisions of Section 25-61-1 et seq., Mississippi Code of 1972, if doing so preserves the confidentiality of matters necessitated to avoid detection of unlawful activity. No person shall disclose to any person who is not legally entitled to disclosure of the information, any information that is designated as confidential or acquired in the course of an investigation under this section. Any complaint filed in accordance with this section shall be protected by the provisions of Sections 25-9-171 through 25-9-177, Mississippi Code of 1972; and
(i) To perform any responsibilities consistent with the provisions of this section.
(6) The Medicaid Fraud Control Unit within the Office of the Public Assistance Inspector General and the Division of Medicaid shall enter into a written agreement.
(a) The agreement shall establish the Division of Medicaid's responsibility to:
(i) Refer cases of suspected fraud by providers or recipients to the unit;
(ii) Promptly comply with the unit's requests for any records or information;
(iii) Promptly provide any information kept by providers to which the division is authorized access; and
(iv) Upon the unit's request, initiate administrative or judicial action to recover improper payments.
(b) The agreement shall be signed and in effect by July 1 in the year after the United States Secretary of Health and Human Services certifies the unit's application for federal financial participation.
(7) The Public Assistance Inspector General Fund is created in the State Treasury. The Public Assistance Inspector General Fund may accept for deposit public or private funds from any source, and any interest earned on monies in this fund shall be credited to the fund. The funds in this subsection shall be used to investigate, prosecute and report public assistance fraud other than Medicaid fraud. Expenditures from the Public Assistance Inspector General Fund shall be made upon requisition by the Inspector General and subject to appropriation by the Legislature.
(8) The Medicaid Fraud Control Unit Fund is created in the State Treasury as a special fund of the Office of the Public Assistance Inspector General. The Medicaid Fraud Control Unit Fund may accept for deposit public or private funds from any source, and any interest earned on monies in this fund shall be credited to the fund. The funds in this subsection shall be used exclusively to pay the operating expenses of the Medicaid Fraud Control Unit. Expenditures from the Medicaid Fraud Control Unit Fund shall be made upon requisition by the Inspector General and subject to approval by the Legislature.
SECTION 2. Section 25-9-171, Mississippi Code of 1972, is amended as follows:
25-9-171. For purposes of Sections 25-9-171 through
25-9-177, the following terms shall have the meanings ascribed to them herein:
(a) "Abuse" means acting in an arbitrary and capricious manner that adversely affects the accomplishment of a function of any governmental entity.
(b) "Governmental entity" means a board, commission, department, office or other agency of the state or a political subdivision of the state.
(c) "Employee" means any individual employed or holding office in any department or agency of state or local government.
(d) "Improper governmental action" means any action by an employee which is undertaken in the performance of the employee's official duties, whether or not the action is within the scope of the employee's employment:
(i) Which is in violation of any federal or state law or regulation, is an abuse of authority, results in substantial abuse, misuse, destruction, waste, or loss of public funds or public resources; or
(ii) Which is of substantial and specific danger to the public health or safety; or
(iii) Which is discrimination based on race or gender.
"Improper governmental action" does not include personnel actions for which other remedies exist, including, but not limited to, employee grievances, complaints, appointments, promotions, transfers, assignments, reassignments, reinstatements, restorations, reemployments, performance evaluations, reductions in pay, dismissals, suspensions, demotions, violations of the state personnel system or local personnel policies, alleged labor agreement violations, reprimands, claims of discriminatory treatment, or any personnel action which may be taken under federal or state law.
(e) "Misuse" means an illegal or unauthorized use.
(f) "Personnel action" means an action that affects an employee's promotion, demotion, transfer, work assignment or performance evaluation.
(g) "State investigative body" shall mean the Attorney General of the State of Mississippi, the State Auditor, the Public Assistance Inspector General, the Mississippi Ethics Commission, the Joint Legislative Committee on Performance Evaluation and Expenditure Review or any other standing committee of the Legislature, or any district attorney of the State of Mississippi.
(h) "Use of official authority or influence" includes taking, directing others to take, recommending, processing or approving any personnel action such as an appointment, promotion, transfer, assignment, reassignment, reinstatement, restoration, reemployment, performance evaluation or other disciplinary action.
(i) "Waste" means an unnecessary or unreasonable expenditure or use.
(j) "Whistleblower" means an employee who in good faith reports an alleged improper governmental action to a state investigative body, initiating an investigation. For purposes of the provisions of Sections 25-9-171 through 25-7-177, the term "whistleblower" also means an employee who in good faith provides information to a state investigative body, or an employee who is believed to have reported alleged improper governmental action to a state investigative body or to have provided information to a state investigative body but who, in fact, has not reported such action or provided such information.
SECTION 3. Section 33-15-43, Mississippi Code of 1972, is amended as follows:
33-15-43. Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not exceeding six (6) months or both. Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 4. Section 43-1-23, Mississippi Code of 1972, is amended as follows:
43-1-23. (1) There is created within the State Department of Human Services a separate administrative unit to be known as the "Fraud Investigation Unit." The Fraud Investigation Unit shall be headed by a director appointed by the Executive Director of the department. The Director of the Fraud Investigation Unit shall be a person who is knowledgeable in the programs administered by the department. The Fraud Investigation Unit shall be responsible for:
(a) Conducting investigations for the purpose of aiding the department in the detection of and verification of the perpetration of fraud or abuse of any program by any client, any vendor of services with whom the department has contracted or any employee of the department, and for the aiding of the department in the recoupment of any funds owed to the department as a result of fraud or abuse;
(b) The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority and assisting in the prosecution of any case referred to a prosecutor, if requested; and
(c) Such other duties as prescribed in regulations of the department.
(2) The Fraud Investigation Unit is authorized to employ such other investigative, technical, secretarial and support staff as may be necessary.
(3) In order to carry out the responsibilities of the Fraud Investigation Unit, the investigators may request and receive assistance from all state and local agencies, boards, commissions, and bureaus including, without limitation, the State Tax Commission, the Department of Public Safety, and all public and private agencies maintaining data banks, criminal or other records that would enable the investigators to make verification of fraud or abuse in violation of state or federal statutes. All records and information shall be confidential and shall be available only to the Fraud Investigation Unit, district or county attorneys, the Public Assistance Inspector General, and courts having jurisdiction in criminal proceedings.
(4) The department is authorized to enter into contracts with other agencies administering aid or benefits or services under any state or federally funded assistance program which need the assistance of the department's Fraud Investigation Unit.
(5) To accomplish the objectives and to carry out the duties prescribed in this section, the executive director, or his designee, in addition to the powers conferred by this section, may issue subpoenas with the approval of, and returnable to, a judge of the circuit, county or chancery court, in termtime or in vacation, to examine the records, documents or other evidence of persons, firms, corporations or any other entities insofar as such records, documents or other evidence relate to dealings material to an investigation.
SECTION 5. Section 43-13-129, Mississippi Code of 1972, is amended as follows:
43-13-129. Any person making application for benefits under this article for himself or for another person, and any provider of services, who knowingly makes a false statement or false representation or fails to disclose a material fact to obtain or increase any benefit or payment under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or imprisoned not to exceed one (1) year, or by both such fine and imprisonment. Each false statement or false representation or failure to disclose a material fact shall constitute a separate offense. This section shall not prohibit prosecution under any other criminal statutes of this state or the United States. Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 6. Section 43-13-131, Mississippi Code of 1972, is amended as follows:
43-13-131. Any person who shall, through intentional misrepresentation, fraud, deceit or unlawful design, either acting individually or in concert with others, influence any recipient to elect any particular provider of services, or any particular type of services, for the purposes and with the intent to obtain or increase any benefit or payment under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment not exceeding one (1) year, or by both such fine and imprisonment. This section shall not prohibit prosecution under any other criminal statutes of this state or the United States. Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 7. Section 43-13-219, Mississippi Code of 1972, is amended as follows:
43-13-219. There is hereby created within the Office of the Public Assistance Inspector General a "Medicaid Fraud Control Unit." The unit shall consist of a director appointed by the Public Assistance Inspector General and such attorneys, auditors, investigator and other such personnel as are necessary to conduct the activities of the unit. The Office of Public Assistance Inspector General created in Section 1 of this act shall be responsible for investigations and prosecutions of complaints of wrongful acts or omissions of Medicaid fraud by Medicaid recipients, providers, vendors, or state employees in violation of state or federal law. The Office of Public Assistance Inspector General shall have such duties and responsibilities regarding investigation, reporting and prosecution of Medicaid fraud as prescribed in Section 1 of this act.
SECTION 8. Section 43-13-221, Mississippi Code of 1972, is amended as follows:
43-13-221. The Public Assistance Inspector General, acting through the Director of the Fraud Control Unit, may, in any case involving alleged violations of this article, conduct an investigation or prosecution. In conducting such actions, the Public Assistance Inspector General, acting through the director, shall have all the powers of a district attorney, including the powers to issue or cause to be issued subpoenas or other process.
Persons employed by the Public Assistance Inspector General as investigators in the Medicaid Fraud Control Unit shall serve as law enforcement officers as defined in Section 45-6-3, and they shall be empowered to make arrests and to serve and execute search warrants and other valid legal process anywhere within the State of Mississippi.
SECTION 9. Section 43-13-227, Mississippi Code of 1972, is amended as follows:
43-13-227. (1) As a means of protecting the health, safety and welfare of patients in residential health care facilities, including hospitals and nursing homes, whenever there is probable cause that any acts or omissions in violation of this article have been committed by a person who is in control of assets purchased, in whole or in part, directly or indirectly, with funds from the Medicaid program and is likely to convert, destroy or remove those assets, the Public Assistance Inspector General, acting through the Director of the Fraud Control Unit, shall be authorized to petition the chancery court of the county in which those assets may be found to enjoin the person in control of the assets from converting, destroying or removing those assets, and to appoint a receiver to manage those assets until the investigation and any litigation are completed.
(2) The chancery court shall, immediately upon receipt of the petition of the Public Assistance Inspector General, acting through the Director of the Fraud Control Unit, enjoin the person in control of the assets from converting, destroying or removing those assets.
(3) The chancery court shall issue an order to show cause why a receiver should not be appointed, returnable within ten (10) days after filing of the petition.
(4) If the chancery court finds that the facts warrant the granting of the petition to appoint a receiver, the court shall appoint a receiver to take charge of the residential health care facility and any other assets involved. The court may determine fair compensation for the receiver.
SECTION 10. Section 43-13-229, Mississippi Code of 1972, is amended as follows:
43-13-229. (1) During any investigation under this article, the Public Assistance Inspector General, acting through the Director of the Fraud Control Unit, shall have the right to audit and to inspect the records of any health care provider or vendor of Medicaid benefits.
(2) Reimbursement under the Medicaid program shall not be available for services furnished by a provider or vendor who is otherwise eligible for Medicaid benefits during any period when such provider or vendor has refused to provide the Attorney General and the Director of the Fraud Control Unit such information as the unit may request in order to complete its investigation.
(3) Suspension of Medicaid reimbursement payments shall continue during all periods during which any part of any requested records are not produced, notwithstanding any administrative, legal or other proceedings which may be brought or maintained by such provider or vendor or by any other party to forestall, modify or prevent the request for records.
(4) As used in this section, "requested records" means those records required by the unit for investigative or prosecutorial purposes, and requested by subpoena, subpoena duces tecum, grand jury subpoena, administrative demand, search warrant, or other process, demand or written request.
SECTION 11. Section 43-13-231, Mississippi Code of 1972, is amended as follows:
43-13-231. The powers of the Public Assistance Inspector General, acting through the Director of the Fraud Control Unit, under this article shall not diminish the powers of local authorities to investigate and/or prosecute criminal conduct within their respective jurisdictions.
SECTION 12. Section 43-17-25, Mississippi Code of 1972, is amended as follows:
43-17-25. Whoever obtains, or attempts to obtain, or aids or abets any child to obtain by means of a willfully false statement or representation, or by impersonation or other fraudulent device:
(1) TANF assistance to which the child is not entitled; or
(2) TANF assistance greater than that to which he is justly entitled, shall be subject to the criminal penalties prescribed in Section 97-19-71; or shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Twenty-five Hundred Dollars ($2500.00) or be imprisoned for not more than twelve (12) months, or both, in the discretion of the court.
(3) Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 13. Section 43-33-16, Mississippi Code of 1972, is amended as follows:
43-33-16. (1) Any person who obtains or attempts to obtain, or who establishes or attempts to establish, eligibility for, and any person who knowingly or intentionally aids or abets such person in obtaining or attempting to obtain, or in establishing or attempting to establish eligibility for, any public housing, or a reduction in public housing rental charges, or any rent subsidy, to which such person would not otherwise be entitled, by means of a false statement, failure to disclose information, impersonation, or other fraudulent scheme or device shall be guilty of a misdemeanor and, upon conviction, shall be punished as for a misdemeanor. As used in this section "public housing" shall mean housing which is constructed, operated or maintained by the state, a county, a municipal corporation, a housing authority, or by any other political subdivision or public corporation of the state or its subdivisions.
(2) Notice of this section shall be printed on the application forms for public housing in the state, and it shall be displayed in the office where such application is made.
(3) Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 14. Section 43-47-37, Mississippi Code of 1972, is amended as follows:
43-47-37. (1) Any person who, within the scope of his employment at a care facility as defined in Section 43-47-5(b), or in his professional or personal capacity, has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, neglect or exploitation shall report immediately the abuse, neglect or exploitation.
(2) The reporting of conduct as required by subsection (1) of this section shall be made:
(a) By any employee of any home health agency, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the department and the Medicaid Fraud Control Unit of the Public Assistance Inspector General's office.
(b) By a home health agency, in writing within seventy-two (72) hours of discovery to the department and the Medicaid Fraud Control Unit. Upon initial review, the Medicaid Fraud Control Unit shall make a determination whether or not the person suspected of committing the reported abuse, neglect or exploitation was an employee of the home health agency. If so, the Medicaid Fraud Control Unit shall determine whether there is substantial potential for criminal prosecution, and upon a positive determination, shall investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority. If the alleged perpetrator is not an employee of the home health agency, the department shall investigate and process the complaint or refer it to an appropriate investigative or prosecutive authority.
(c) By all other care facilities, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the State Department of Health and the Medicaid Fraud Control Unit of the Public Assistance Inspector General's office.
(d) By all other care facilities, in writing, within seventy-two (72) hours of the discovery, to the State Department of Health and the Medicaid Fraud Control Unit. If, upon initial review by the State Department of Health and the Medicaid Fraud Control Unit, a determination is made that there is substantial potential for criminal prosecution, the unit will investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority.
(3) The contents of the reports required by subsections (1) and (2) of this section shall contain the following information unless the information is unobtainable by the person reporting:
(a) The name, address, telephone number, occupation and employer's address and telephone number of the person reporting;
(b) The name and address of the patient or resident who is believed to be the victim of abuse or exploitation;
(c) The details, observations and beliefs concerning the incident;
(d) Any statements relating to the incident made by the patient or resident;
(e) The date, time and place of the incident;
(f) The name of any individual(s) believed to have knowledge of the incident;
(g) The name of the individual(s) believed to be responsible for the incident and their connection to the patient or resident; and
(h) Such other information that may be required by the State Department of Health and/or the Medicaid Fraud Control Unit, as requested.
(4) Any other individual who has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, exploitation or any other criminal offense may make a report to the State Department of Health and the Medicaid Fraud Control Unit.
(5) (a) Any individual who, in good faith, makes a report as provided in this section or who testifies in an official proceeding regarding matters arising out of this section shall be immune from all criminal and civil liability. The immunity granted under this subsection shall not apply to any suspect or perpetrator of abuse, neglect or exploitation of any vulnerable person, or of any other criminal act under any statute of this state or municipal ordinance defining any act as a crime or misdemeanor.
(b) No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any individual who, in good faith, makes a report as provided in this section or who testifies in any official proceeding regarding matters arising out of this section.
(6) Any care facility that complies in good faith with the requirements of this section to report the abuse or exploitation of a patient or resident in the care facility shall not be sanctioned by the State Department of Health for the occurrence of such abuse or exploitation if the care facility demonstrates that it adequately trained its employees and that the abuse or exploitation was caused by factors beyond the control of the care facility.
(7) Every person who knowingly fails to make the report as required by subsections (1), (2) and (3) of this section or attempts to induce another, by threat or otherwise, to fail to make a report as required by subsections (1), (2) and (3) of this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.
(8) Copies of Sections 43-47-7 and 43-47-37 shall be posted prominently in every health care facility.
(9) If, after initial inquiry or investigation, the Medicaid Fraud Control Unit determines that there is reasonable cause to believe that an employee of a home health agency has abused, neglected or exploited a vulnerable person, the unit shall notify the Mississippi State Department of Health of the alleged abuse, neglect or exploitation.
(10) Upon a judicial determination of evidence that an employee of a care facility has abused, neglected or exploited a vulnerable person, the appropriate investigative agency shall immediately provide the following information to the central registry: name, address, birth date, social security number of the perpetrator; type of abuse, neglect and/or exploitation; name, address, birth date, social security number of the victim; and date of the incident and report.
SECTION 15. Section 71-5-17, Mississippi Code of 1972, is amended as follows:
71-5-17. (1) In any civil action to enforce the provisions of this chapter, the commission, the board of review, and the state may be represented by any qualified attorney who is employed by the commission and is designated by it for this purpose or, at the commission's request, by the Public Assistance Inspector General's office.
(2) All criminal actions for violation of any provision of this chapter, or of any rules and regulations issued pursuant thereto, shall be prosecuted by the Public Assistance Inspector General or, at his request and under his direction, by the prosecuting attorney of any county in which the employer has a place of business or the violator resides.
SECTION 16. Section 71-5-19, Mississippi Code of 1972, is amended as follows:
71-5-19. (1) Whoever makes a false statement or representation knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this chapter or under an employment security law of any other state, of the federal government or of a foreign government, either for himself or for any other person, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not longer than thirty (30) days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense.
(2) Any employing unit, any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining subject hereto, or to avoid or reduce any contribution or other payment required from any employing unit under this chapter, or who willfully fails or refuses to make any such contribution or other payment, or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment; and each such false statement, or representation, or failure to disclose a material fact, and each day of such failure or refusal shall constitute a separate offense. In lieu of such fine and imprisonment, the employing unit or representative, or both employing unit and representative, if such representative is an employing unit in this state and is found to be a party to such violation, shall not be eligible for a contributions rate of less than five and four-tenths percent (5.4%) for the tax year in which such violation is discovered by the department and for the next two (2) succeeding tax years.
(3) Any person who shall willfully violate any provision of this chapter or any other rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment; and each day such violation continues shall be deemed to be a separate offense. In lieu of such fine and imprisonment, the employing unit or representative, or both employing unit and representative, if such representative is an employing unit in this state and is found to be a party to such violation, shall not be eligible for a contributions rate of less than five and four-tenths percent (5.4%) for the tax year in which the violation is discovered by the department and for the next two (2) succeeding tax years.
(4) (a) An overpayment of benefits occurs when a person receives benefits under this chapter:
(i) While any conditions for the receipt of benefits imposed by this chapter were not fulfilled in his case;
(ii) While he was disqualified from receiving benefits; or
(iii) When such person receives benefits and is later found to be disqualified or ineligible for any reason, including, but not limited to, a redetermination or reversal by the department or the courts of a previous decision to award such person benefits.
(b) Any person receiving an overpayment shall, in the discretion of the department, be liable to have such sum deducted from any future benefits payable to him under this chapter and shall be liable to repay to the department for the Unemployment Compensation Fund a sum equal to the overpayment amount so received by him; and such sum shall be collectible in the manner provided in Sections 71-5-363 through 71-5-383 for the collection of past-due contributions.
(c) Any such judgment against such person for collection of such overpayment shall be in the form of a seven-year renewable lien. Unless action be brought thereon prior to expiration of the lien, the department must refile the notice of the lien prior to its expiration at the end of seven (7) years. There shall be no limit upon the number of times the department may refile notices of liens for collection of overpayments.
(5) The department, by agreement with another state or the United States, as provided under Section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this state or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this state or of another state or under an unemployment program of the United States.
(6) Violations of this section may be investigated, reported and prosecuted by the Public Assistance Inspector General as provided in Section 1 of this act.
SECTION 17. This act shall take effect and be in force from and after July 1, 2012.
