It will do nothing for the fraud in child welfare and this is why:
- There is no exclusionary database;
- Foster Care and Adoption case records are hidden from open examination;
- The Attorney General would have to prosecute agencies he has previously defended;
- If you prosecute the child placing agencies and find that they have violated multiple provisions of law, you will have to contractually debar them from doing business, meaning there will not be enough child placing agencies to handle the services needed for foster care because there is no competitive bidding process for these contracts, further fueling instances of Medicaid fraud in child welfare; and,
- The state will be publicly humiliated by exposing what I just previously stated.
JOHNSON BILL TO CRACK DOWN ON MEDICAID FRAUD SIGNED INTO LAW
The law will ensure that the decision not to impose a jail sentence in a Medicaid fraud case - as well as other fraud involving public agencies or public funds - is given especially careful consideration by the sentencing court, since the matter involves fraud against the public.The law:
- Upgrades certain offenses involving Medicaid fraud from a “high misdemeanor” to a crime of the third degree punishable by a fine or imprisonment for three to five years, or both, or a crime of the fourth degree punishable by a fine or by imprisonment for not more than 18 months, or both;
- Creates new mandatory monetary penalties for Medicaid fraud offenses of not less than $15,000 and not more than $25,000 for a crime of the third degree, and not less than $10,000 and not more than $25,000 for a crime of the fourth degree, in addition to any other penalty that may be imposed by law;
- Eliminates the presumption that a person who has not been previously convicted of an offense, will automatically avoid prison for an offense involving Medicaid fraud that is defined as a crime of the third degree under this law; and
- Creates a new crime of the second degree, with a monetary penalty of not less than $25,000 and not more than $150,000, for persons convicted of repeated Medicaid fraud offenses under certain circumstances, specifically, where the aggregate amount obtained or sought to be obtained is $1,000 or more, and the person has previously been convicted of such a violation within 10 years of the current violation, under circumstances where the aggregate amount obtained or sought to be obtained was also $1,000 or more.
Johnson noted that nothing in this bill is to be construed to preclude the indictment or conviction for any other offense defined by law, or to impair or limit the discretion and authority of the state regarding any civil action, criminal prosecution, or other action authorized by law.
The bill unanimously passed both houses of the Legislature on June 28 and was signed into law by the Governor on June 30. The provisions go into effect immediately.
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