The bill seeks to amend the Arkansas Medicaid Fraud Act and the Medicaid Fraud False Claims Act to improve the consistency of definitions and language, align civil penalties with federal standards, and update terminology to reflect modern healthcare practices. Key changes include a revised definition of "claim" to include requests for funds related to the Arkansas Medicaid Program, as well as new definitions for "material" and "overpayment." The bill increases penalties for Medicaid fraud that leads to serious injury or death and establishes a classification system for offenses based on the amount of overpayment. It also mandates that Medicaid providers maintain records for at least five years and ensures these records are available for audits, thereby enhancing compliance and enforcement of Medicaid regulations.
Additionally, the bill establishes a Medicaid Fraud Control Unit under the Attorney General's supervision, granting it statewide authority to investigate and prosecute Medicaid fraud. It outlines the unit's collaboration with the Department of Human Services and the Medicaid Inspector General to address credible fraud allegations promptly. The bill introduces new definitions related to unlawful remuneration, such as kickbacks, and specifies penalties for soliciting or receiving payments for Medicaid-related referrals. It also strengthens penalties for obstructing audits and clarifies the definitions of "material" in the context of false statements. Overall, the amendments aim to bolster the integrity of the Arkansas Medicaid system by enhancing fraud detection, enforcement, and accountability among providers.
Statutes affected: SB 515: 5-55-102(2), 5-55-102(4), 5-55-102(8), 5-55-103, 5-55-111, 5-3-201, 20-77-901, 12-12-1701, 5-55-104(c), 5-55-106, 5-55-114, 25-19-101, 5-55-107(a), 5-55-107(d), 5-55-107(e), 5-55-108, 5-4-201, 5-55-110, 20-9-101, 5-55-113(e), 5-55-114(c), 5-55-115, 5-36-202, 5-28-101, 20-77-901(7), 20-77-901(11), 20-77-902, 20-77-903, 5-1-101, 5-55-101, 20-77-904, 20-77-908(c), 20-77-910, 20-77-911(e)