HB 1770 -- HEALTH CARE FRAUD

CO-SPONSORS:  Britt, McKenna

COMMITTEE ACTION:  Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 9 to 5.

This bill grants the Attorney General authority to investigate
claims of abuse or neglect at residential health care
facilities.  Currently, the Department of Social Services
conducts such investigations and may request the assistance of
the Attorney General.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that current law gives the county
prosecutor jurisdiction to prosecute Medicare fraud in nursing
homes and allows the prosecutor to ask the Attorney General for
assistance.  In practice, the prosecutor rarely brings in the
Attorney General.  This is a problem, because these kinds of
cases are harder to prosecute.  They are rare (so the county
prosecutor often hasn't done one before) and the witnesses can
be difficult to examine.  Also, Congress recently granted
authority  and federal funding for the states' Attorneys General
to prosecute Medicare fraud, just as they prosecute Medicaid
fraud.

Testifying for the bill were Representatives Britt and McKenna;
Office of the Attorney General; and AARP.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Legislative Analyst

HB 1770 -- Health Care Fraud

Co-Sponsors:  Britt, McKenna

This bill grants the Attorney General authority to investigate
claims of abuse or neglect at residential health care
facilities.  Currently, the Department of Social Services
conducts such investigations, and may request the assistance of
the Attorney General.