Existing law makes it a felony or a gross misdemeanor, depending on the circumstances, to abuse, neglect, exploit, isolate or abandon an older person or vulnerable person. (NRS 200.5099) Existing law also authorizes the imposition of disciplinary action against an applicant for or holder of a license to operate certain health care facilities or related entities who: (1) is convicted of such a crime; or (2) has engaged in conduct detrimental to recipients of services or employees. (NRS 449.160, 449.174, 449B.400, 449B.440)
Existing law imposes civil liability on a provider who receives a payment from Medicaid to which the provider is not entitled because of fraud or certain other improper conduct. (NRS 422.580) Section 1 of this bill imposes civil liability on a provider of services under Medicaid who abuses, neglects, exploits, isolates or abandons or permits or allows another person to abuse, neglect, exploit, isolate or abandon an older person or vulnerable person, regardless of whether the older person or vulnerable person is a recipient of Medicaid. Section 1 additionally: (1) provides that such a provider may be found civilly liable regardless of whether any criminal action is brought; and (2) requires the Attorney General to bring legal action on behalf of the State to impose such civil liability. Sections 2 and 7 of this bill provide that certain penalties generally imposed for fraudulent actions relating to Medicaid and public assistance are not applicable to acts subject to civil liability pursuant to section 1. Section 3 of this bill indicates the applicability of certain definitions to section 1. Section 6 of this bill prescribes the statute of limitations for bringing an action pursuant to section 1. Section 9 of this bill makes a conforming change to indicate that section 1 will be administered in the same manner as other provisions relating to Medicaid, including existing law imposing civil liability for certain forms of Medicaid fraud.
Existing law requires a court to enter a plea of not guilty on behalf of a corporate criminal defendant that fails to appear. (NRS 174.035) Existing law prohibits a person, with an intent to defraud, from making certain false: (1) claims under Medicaid; (2) statements relating to obtaining authorization to provide specific goods or services under Medicaid; (3) statements relating to obtaining goods and services under Medicaid; or (4) statements relating to qualifying as a provider under Medicaid. Existing law makes a violation of those provisions a misdemeanor or felony, depending on the value of the goods or services obtained or sought to be obtained through such false claims or statements. (NRS 422.540) If a criminal action is brought against a corporation for a violation of those provisions, section 4 of this bill: (1) requires the corporate defendant to appear by counsel at all stages of the action; and (2) authorizes a court to enter a plea of guilty and impose a sentence on the corporate defendant if the defendant fails to appear at a proceeding where the defendant is required to appear to enter a plea. Section 8 of this bill makes a conforming change to indicate that section 4 is an exception to the requirement that a court enter a plea of not guilty on behalf of a defendant corporation that fails to appear.
Existing law prohibits a person from: (1) accepting or transferring anything of additional value in return for or in connection with the sale, purchase or lease of goods, services, materials or supplies for which payment is made pursuant to the State Plan for Medicaid; or (2) referring a person to a provider for which payment may be made pursuant to the Plan and soliciting or accepting anything of value in connection with the referral. (NRS 422.560) Section 5 of this bill additionally prohibits a person from soliciting, offering, paying or transferring any remuneration to a recipient of Medicaid if such a person knows or should know that such an act is likely to induce the recipient to: (1) provide personal identifying information necessary for the submission of claims under the Plan; (2) order or receive from a particular provider, practitioner or supplier any good or service for which payment is made pursuant to the Plan; or (3) participate in certain other unlawful acts relating to Medicaid. Section 5 also provides that this prohibition does not apply to value-added services or benefits provided to a recipient by a Medicaid managed care organization for the purpose of inducing a recipient to order or receive goods or services from a particular provider, practitioner or supplier. A person who violates section 5 would be guilty of a gross misdemeanor or a category D felony, depending on the value of the item unlawfully solicited, offered, paid for or transferred. (NRS 422.560)

Statutes affected:
BDR: 422.410, 422.450, 422.540, 422.560, 422.590, 422A.700, 174.035, 232.4993