Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 63A-13-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
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
Waste: includes an activity that:
(i)
does not constitute abuse or necessarily involve a violation of law; and
(ii)
relates primarily to mismanagement, an inappropriate action, or inadequate oversight. See Utah Code 63A-13-102
(2)
The governor shall:
(a)
appoint the inspector general of Medicaid services with the advice and consent of the Senate; and
(b)
establish the salary for the inspector general of Medicaid services based upon a recommendation from the Division of Human Resource Management which shall be based on a market salary survey conducted by the Division of Human Resource Management.
(3)
A person appointed as the inspector general shall have the following qualifications:
(a)
a general knowledge of the type of methodology and controls necessary to audit, investigate, and identify fraud, waste, and abuse;
(b)
strong management skills;
(c)
extensive knowledge of performance audit methodology;
(d)
the ability to oversee and execute an audit; and
(e)
strong interpersonal skills.
(4)
The inspector general of Medicaid services:
(a)
shall serve a term of four years; and
(b)
may be removed by the governor, for cause.
(5)
If the inspector general is removed for cause, a new inspector general shall be appointed, with the advice and consent of the Senate, to serve the remainder of the term of the inspector general of Medicaid services who was removed for cause.
(6)
The Office of Inspector General of Medicaid Services:
(a)
is not under the supervision of, and does not take direction from, the executive director, except for administrative purposes;
(b)
shall use the legal services of the state attorney general’s office;
(c)
shall submit a budget for the office directly to the department;
(d)
except as prohibited by federal law, is subject to:
coverage under the Risk Management Fund created under Section 63A-4-201;
(e)
when requested, shall provide reports to the governor, the president of the Senate, or the speaker of the House; and
(f)
shall adopt administrative rules to establish policies for employees that are substantially similar to the administrative rules adopted by the Division of Human Resource Management.
