26B-3-1113. Medicaid fraud enforcement.
| (1) |
This part shall be enforced in accordance with this section. |
Terms Used In Utah Code 26B-3-1113
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
The department is responsible for:
| (a) |
| (i) |
investigating and prosecuting suspected civil violations of this part; or |
| (ii) |
referring suspected civil violations of this part to the attorney general for investigation and prosecution; and |
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| (b) |
promptly referring suspected criminal violations of this part to the attorney general for criminal investigation and prosecution. |
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| (3) |
The attorney general has:
| (a) |
concurrent jurisdiction with the department for investigating and prosecuting suspected civil violations of this part; and |
| (b) |
exclusive jurisdiction to investigate and prosecute all suspected criminal violations of this part. |
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| (4) |
The department and the attorney general share concurrent civil enforcement authority under this part and may enter into an interagency agreement regarding the investigation and prosecution of violations of this part in accordance with this section, the requirements of Title XIX of the federal Social Security Act, and applicable federal regulations. |
| (5) |
| (a) |
Any violation of this part which comes to the attention of any state government officer or agency shall be reported to the attorney general or the department. |
| (b) |
All state government officers and agencies shall cooperate with and assist in any prosecution for violation of this part. |
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Renumbered and Amended by Chapter 306, 2023 General Session
