2014 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliation.
Download as PDF
205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition
against employer discrimination or retaliation.
(1)
(2)
(3)
(4)
Any person who knows or has reasonable cause to believe that a violation of
this chapter has been or is being committed by any person, corporation, or
entity, shall report or cause to be reported to the state Medicaid Fraud Control
Unit, or the Medicaid Fraud and Abuse hotline, the following information, if
known:
(a) The name and address of the offender;
(b) The offender's place of employment;
(c) The nature and extent of the violation;
(d) The identity of the complainant; and
(e) Any other information that the receiving person reasonably believes might
be helpful in investigation of the alleged fraud, abuse, or misappropriation.
The state Medicaid Fraud Control Unit shall periodically publicize the
provisions of this subsection.
The identity of any person making a report under this section shall be
considered confidential by the receiving party. Any person making a report
under this section regarding the offenses of another shall not be liable in any
civil or criminal action based on the report if it was made in good faith.
No employer shall, without just cause, discharge or in any manner discriminate
or retaliate against any person who in good faith makes a report required or
permitted by KRS 205.8451 to 205.8483, testifies, or is about to testify, in any
proceeding with regard to any report or investigation. Any individual injured by
any act in violation of the provisions of this subsection shall have a civil cause
of action in Circuit Court to enjoin further violations, and to recover the actual
damages sustained, together with the costs of the lawsuit, including a
reasonable fee for the individual's attorney of record.
No employee of the state Medicaid Fraud Control Unit, the Office of the
Attorney General, the Office of the Inspector General, or the Cabinet for Health
and Family Services shall notify the alleged offender of the identity of the
person who in good faith makes a report required or permitted by KRS
205.8451 to 205.8483 nor shall the employee notify the alleged offender that a
report has been made alleging a violation of KRS 205.8451 to 205.8483 until
such time as civil or criminal proceedings have been initiated or a formal
investigation has been initiated. Any information or report concerning an
alleged offender shall be considered confidential in accordance with the
Kentucky Open Records Law, KRS 61.870 to 61.884.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 280, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 227, effective July 15, 1998. -- Created
1994 Ky. Acts ch. 96, sec. 8, effective July 15, 1994; and ch. 316, sec. 8,
effective July 15, 1994.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.