This year’s proposed State Budget Bill includes a number of changes to the medical assistance program that affect all providers. We have concerns regarding how the Department of Health and Family Services and other enforcement agencies will apply these statutes as they are currently drafted. Section 1443 of the Budget Bill creates a false claims statute which, for example, defines a statement which can be the basis for a false claim to include “accounting or book-keeping entries made with respect to a claim.” Sections 1364 and 1368 eliminate certain due process rights of providers in recoupment and other actions. Section 1372 limits a potential provider's ability to enroll in the medical assistance program if the Department determines there are enough Medicaid providers and the potential exists for fraud and abuse if additional providers are certified.
We would like these statutes/revisions removed from the Budget Bill, reintroduced, and addressed with the appropriate debate and consideration. We are encouraging you to contact your state legislator to have this section removed from the Budget Bill.
von Briesen & Roper Legal Update is a periodic publication of von Briesen & Roper, s.c. It is intended for general information purposes for the community and highlights recent changes and developments in the legal area. This publication does not constitute legal advice, and the reader should consult legal counsel to determine how this information applies to any specific situation.