Section 22-46-15 – Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest.
22-46-15. Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest. A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing […]
Section 22-46-16 – Effect of revocation of provision of instrument.
22-46-16. Effect of revocation of provision of instrument. If the court imposes a revocation pursuant to subdivision 22-46-14(1), provisions of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative capacity, the […]
Section 22-46-17 – Additional remedies for violation.
22-46-17. Additional remedies for violation. The court may authorize remedies provided in §21-65-12 for violations under §22-46-3 or 22-46-13. Source: SL 2016, ch 120, §32.
Section 22-46-3 – Theft by exploitation–Penalty.
22-46-3. Theft by exploitation–Penalty. Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a […]
Section 22-46-5 – Investigation of report of abuse, neglect or exploitation.
22-46-5. Investigation of report of abuse, neglect or exploitation. The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists […]
Section 22-46-7 – Report of abuse, neglect, or exploitation.
22-46-7. Report of abuse, neglect, or exploitation. A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state’s attorney of the county in which the elder or disabled adult resides or is present, to the Department of Human Services, or to the law enforcement officer. The […]
Section 22-45-8 – Suspension or exclusion from participation as provider of person convicted of committing offense.
22-45-8. Suspension or exclusion from participation as provider of person convicted of committing offense. Any person providing a good or a service under the program who has been determined to have committed an offense under §§22-45-2 to 22-45-7, inclusive, may be suspended or excluded from participation as a provider or an employee of a provider […]
Section 22-45-9 – Access to records by attorney general, state medicaid control unit, and grand jury.
22-45-9. Access to records by attorney general, state medicaid control unit, and grand jury. The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could […]
Section 22-45-10 – Use of other civil or criminal remedy not precluded.
22-45-10. Use of other civil or criminal remedy not precluded. The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. Source: SL 1986, ch 187, §10.
Section 22-45-11 – Limitation on civil action.
22-45-11. Limitation on civil action. No civil action may be brought under this chapter more than six years after the cause of action accrues. Source: SL 1986, ch 187, §11.