Section 27-14-11 – Department not liable for certain expenses.
The department shall not be liable for expenses that a person incurs in bringing an action pursuant to the Medicaid False Claims Act. History: Laws 2004, ch. 49, § 11. ANNOTATIONS Effective dates. — Laws 2004, ch. 49 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May […]
Section 27-14-12 – Employee protection.
Any employee who is discharged, demoted, suspended, threatened, harassed or otherwise discriminated against in the terms and conditions of employment by the employer because of lawful acts done by the employee on behalf of the employee or others in disclosing information to the department or in furthering a false claims action pursuant to the Medicaid […]
Section 27-13-6 – Report.
Annually by October 1, each department shall deliver a report to the legislative finance committee and the legislative health and human services committee on services provided pursuant to the Consumer Direction Act and a comparison of those services and services provided by the department through other means and an evaluation of the effectiveness and consumer […]
Section 27-13-7 – Fiscal intermediary; exemptions; workers’ compensation.
A. A fiscal intermediary shall not be subject to vicarious liability as an employer or principal for a wrongful act committed by a personal care attendant if the attendant: (1) is not a current or former employee of the fiscal intermediary; (2) has not received training or instruction from the fiscal intermediary with respect to […]
Section 27-14-1 – Short title.
This [act] may be cited as the “Medicaid False Claims Act” . History: Laws 2004, ch. 49, § 1. ANNOTATIONSANNOTATIONS Bracketed material. — The bracketed material was added by the compiler and is not a part of the law. Cross references. — For the Medicaid Fraud Act, see Chapter 30, Article 44 NMSA 1978. Effective […]
Section 27-14-2 – Purpose.
The purpose of the Medicaid False Claims Act is to deter persons from causing or assisting to cause the state to pay medicaid claims that are false and to provide remedies for obtaining treble damages and civil recoveries for the state when money is obtained from the state by reason of a false claim. History: […]
Section 27-14-3 – Definitions.
As used in the Medicaid False Claims Act: A. “claim” means a written or electronically submitted request for payment of health care services pursuant to the medicaid program; B. “department” means the human services department; C. “medicaid” means the federal-state program administered by the human services department pursuant to Title 19 or Title 21 of […]
Section 27-14-4 – False claims against the state; liability for certain acts.
A person commits an unlawful act and shall be liable to the state for three times the amount of damages that the state sustains as a result of the act if the person: A. presents, or causes to be presented, to the state a claim for payment under the medicaid program knowing that such claim […]
Section 27-14-5 – Documentary material in possession of state agency.
A. The department shall have access to all documentary materials of persons and medicaid recipients to which a state agency has access. Documentary material provided pursuant to this subsection is provided to allow investigation of an alleged unlawful act or for use or potential use in an administrative or judicial proceeding. B. Except for disclosure […]
Section 27-14-6 – Immunity.
Notwithstanding any other law, a person is not civilly or criminally liable for providing access to documentary material pursuant to the Medicaid False Claims Act [27-14-1 NMSA 1978] to a person identified in Subsection B of Section 5 of that act. History: Laws 2004, ch. 49, § 6. ANNOTATIONS Effective dates. — Laws 2004, ch. […]