53-6-156. Medicaid fraud control unit. (1) There is a medicaid fraud control unit in the department of justice. The unit is under the supervision and control of the attorney general and, subject to the availability of appropriated funds, consists of the agents and employees of the department of justice whom the attorney general considers necessary and appropriate, including but not limited to:

Terms Used In Montana Code 53-6-156

  • Arrest: Taking physical custody of a person by lawful authority.
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-155
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud: means any conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments or benefits to which the applicant, recipient, or provider is not entitled. See Montana Code 53-6-155
  • Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-155
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

(a)persons qualified by education, training, experience, and high professional competence in criminal and civil investigative procedures;

(b)at least one person licensed to practice law in Montana and qualified by education, training, experience, and high professional competence to prosecute crimes; and

(c)auditors and other additional professional and support staff.

(2)The medicaid fraud control unit is a criminal justice agency within the meaning of 44-5-103. Agents designated by the attorney general have peace officer status and authority, including but not limited to search, seizure, and arrest.