12510. The Attorney General is head of the Department of Justice.
12511. The Attorney General has charge, as attorney, of all legal
matters in which the State is interested, except the business of The
Regents of the University of California and of such other boards or
officers as are by law authorized to employ attorneys.
12511.5. The Attorney General may defend a public or private
provider of health care, as defined in Section 56.05 of the Civil
Code, and its officers, employees, agents, and subcontractors against
any claim that the civil rights of a person in state custody were
violated in the provision of health care services, where those
services were provided under contract with, or under the control of,
the Department of Corrections. Defense of the provider of health care
is conditioned upon the provider maintaining insurance for
professional negligence.
12512. The Attorney General shall attend the Supreme Court and
prosecute or defend all causes to which the State, or any State
officer is a party in his or her official capacity.
12513. After judgment in any of the causes referred to in Section
12512, the Attorney General shall direct the issuing of such process
as may be necessary to carry the judgment into execution.
12513.1. Any person who fails to pay on a timely basis any
liability or penalty imposed by or on behalf of any state agency or
official, the People of the State of California, the State of
California, or any liability or penalty otherwise imposed in any
matter prosecuted by the Attorney General, shall be required to pay,
in addition to that liability or penalty, interest, reasonable
attorneys' fees, and costs for any collection proceedings to enforce
payment.
12514. The Attorney General shall keep a docket of all causes in
which he is required to appear. The docket shall be open to the
inspection of the public during business hours, and shall show:
(a) The county, and court in which the causes have been instituted
and tried.
(b) Whether they are civil or criminal.
(c) The stage of the proceedings.
(d) If civil, the nature of the demand and judgment, any process
issued thereon, and satisfaction of the judgment or the return of the
sheriff.
(e) If criminal, the nature of the crime, the mode of prosecution,
the sentence, the execution of the sentence or the reasons for the
delay or prevention of execution.
12515. The Attorney General shall bid upon and purchase, in the
name of the state and under the direction of the Department of
General Services, any property offered for sale under execution
issued upon judgments in favor or for the use of the state, and enter
satisfaction in whole or in part, of such judgments as the
consideration for such purchase.
12516. Whenever the property of a judgment debtor in any judgment
in favor or for the use of the state has been sold under a prior
judgment, or is subject to any prior judgment, lien, or encumbrance,
the Attorney General shall, under the direction of the Department of
General Services, redeem the property from the prior judgment, lien,
or encumbrance. Upon order of the Department of General Services, the
money necessary for redemption shall be paid out of any
appropriation for that purpose.
12517. When in his opinion it may be necessary for the collection
or enforcement of any judgment in favor or for the use of the state,
the Attorney General shall institute and prosecute, in behalf of the
state, actions or proceedings to set aside and annul all conveyances
fraudulently made by judgment debtors. When allowed by the Department
of General Services, the necessary cost shall be paid out of any
available appropriation.
12518. Whenever any action is brought against the State or any
State agency involving the title, or right to possession or the
boundaries of any lands belonging to the State or in which it has any
interest, the Attorney General may, when in his judgment the public
interest so requires, upon his own motion or upon the request of any
State agency, appear as attorney in defense of the State or State
agency.
Upon his own motion or upon the request of any State agency, the
Attorney General may institute such an action in the name of the
people of the State or on behalf of any State agency.
12519. The Attorney General shall give his or her opinion in
writing to any Member of the Legislature, the Governor, Lieutenant
Governor, Secretary of State, Controller, Treasurer, State Lands
Commission, Superintendent of Public Instruction, Insurance
Commissioner, any state agency, and any county counsel, district
attorney, or sheriff when requested, upon any question of law
relating to their respective offices.
The Attorney General shall give his or her opinion in writing to a
city prosecuting attorney when requested, upon any question of law
relating to criminal matters.
12520. (a) The Attorney General may not employ special counsel in
any case except pursuant to either of the following:
(1) Article 3 (commencing with Section 12540).
(2) Article 4 (commencing with Section 12550).
(b) Subdivision (a) does not affect the right of the Attorney
General to employ counsel to represent, or to assist in the
representation of, a state agency as defined in Section 11000,
including the Attorney General or the Department of Justice, or to
represent a state employee if that representation meets any of the
standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of
subdivision (b) of Section 19130.
12521. The Attorney General shall account for and pay over to the
proper officer all money which may come into his possession belonging
to the State or to any county.
12522. On or before the fifteenth day of September in each
even-numbered year, the Attorney General shall report to the Governor
the condition of the affairs of his office and of the reports
received by him from district attorneys.
12523. The Attorney General may appear for and represent the
Indians of the State of California before the Indian Claims
Commission created by an act of Congress approved August 13, 1946
(Public Law 726).
12524. The Attorney General may, from time to time, and as often as
occasion may require, call into conference the district attorneys
and sheriffs of the several counties and the chiefs of police of the
several municipalities of this state, or such of them as he may deem
advisable, for the purpose of discussing the duties of their
respective offices, with the view of uniform and adequate enforcement
of the laws of this state as contemplated by Section 13 of Article V
of the Constitution of this state.
12525. In any case in which a person dies while in the custody of
any law enforcement agency or while in custody in a local or state
correctional facility in this state, the law enforcement agency or
the agency in charge of the correctional facility shall report in
writing to the Attorney General, within 10 days after the death, all
facts in the possession of the law enforcement agency or agency in
charge of the correctional facility concerning the death. These
writings are public records within the meaning of subdivision (d) of
Section 6252 of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), are open to
public inspection pursuant to Sections 6253, 6256, 6257, and 6258.
Nothing in this section shall permit the disclosure of confidential
medical information that may have been submitted to the Attorney
General's office in conjunction with the report except as provided in
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.
12526. The Attorney General antitrust account is hereby created in
the General Fund. All money in the account is available to the
Department of Justice for expenditure in carrying out the antitrust
activities of the department and for the refund, in accordance with
law, of any moneys erroneously paid in to the account. Money in the
account shall be available for expenditure only upon appropriation by
the Legislature in the annual Budget Bill. Such appropriation may be
augmented by executive order issued by the Director of Finance,
provided that within 30 days after such augmentation the Director of
Finance shall notify the Chairman of the Joint Legislative Budget
Committee and the chairman of the committee in each house which
consider appropriations of any additional allocations. It is the
intent of the Legislature that any augmentation shall be limited to
the amount required to meet specific unbudgeted workload needs. Any
continuing increase in the level of antitrust activity shall be
subject to legislative review through the appropriation process. The
expenses of the antitrust section in excess of the funds available in
the Attorney General antitrust account within the General Fund shall
be paid out of the regular appropriation for the support of the
Department of Justice. If at any time the Attorney General's
antitrust account within the General Fund exceeds three million
dollars ($3,000,000), any amount in excess of three million dollars
($3,000,000) shall be transferred from such account to the
unallocated funds within the General Fund.
12527. (a) This section applies to every action brought in the name
of the people of the State of California by the Attorney General.
(b) The court may appoint a receiver, in actions in which the
appointment of a receiver is authorized by law, upon the application
of the Attorney General if the court determines both of the
following:
(1) The Attorney General has a reasonable probability of
prevailing on the merits at trial in establishing that the defendant
obtained real or personal property by any unlawful means.
(2) The appointment of a receiver would facilitate the
maintenance, preservation, operation, or recovery of that property
for any restitutionary purpose.
(c) The receiver may do any of the following subject to the
direction of the court:
(1) Sue for, collect, receive, and take into possession all the
real and personal property derived by any unlawful means, including
property with which that property or the proceeds thereof has been
commingled if that property or the proceeds thereof cannot be
identified in kind because of the commingling.
(2) Take possession of all books, records, and documents relating
to any unlawfully obtained property and the proceeds thereof. In
addition, the receiver shall have the same right as a defendant to
request, obtain, inspect, copy, and obtain copies of books, records,
and documents maintained by third parties that relate to unlawfully
obtained property and the proceeds thereof.
(3) Transfer, encumber, manage, control, and hold all property
subject to the receivership, including the proceeds thereof, in the
manner directed or ratified by the court.
(4) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof to any person who committed,
aided or abetted, or participated in the commission of unlawful acts
or who had knowledge that the property had been unlawfully obtained.
(5) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made with the intent to
hinder or delay the recovery of that property or any interest in it
by the receiver or any person from whom the property was unlawfully
obtained.
(6) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof that was made within one year
before the date of the entry of the receivership order if less than
a reasonably equivalent value was given in exchange for the transfer,
except that a bona fide transferee for value and without notice that
the property had been unlawfully obtained may retain the interest
transferred until the value given in exchange for the transfer is
returned to the transferee.
(7) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made within 90 days before
the date of the entry of the receivership order to a transferee from
whom the defendant unlawfully obtained some property if (A) the
receiver establishes that the avoidance of the transfer will promote
a fair pro rata distribution of restitution among all people from
whom defendants unlawfully obtained property and (B) the transferee
cannot establish that the specific property transferred was the same
property which had been unlawfully obtained from the transferee.
(8) Exercise any power authorized by statute or ordered by the
court.
(d) (1) All property in the possession, management, or control of
the receiver is in the custody of the court. The court may order that
the expenses of the receivership, including receiver's fees, be paid
from the property held by the receiver, but neither the state, the
Attorney General, nor any state department, agency, or bureau shall
be liable for any receivership expense, including receiver's fees,
unless otherwise expressly provided by written contract.
(2) No person with actual or constructive notice of the
receivership shall interfere with the discharge of the receiver's
duties.
(3) No person may file any action or enforce or create any lien,
or cause to be issued, served, or levied any summons, subpoena,
attachment, or writ of execution against the receiver or any property
subject to the receivership without first obtaining prior court
approval upon motion with notice to the receiver and the Attorney
General. Any legal procedure described herein commenced without prior
court approval is void except as to a bona fide purchaser or
encumbrancer for value and without notice of the receivership. No
person without notice of the receivership shall incur any liability
for commencing or maintaining any legal procedure described by this
paragraph.
(e) The court may appoint the Attorney General, with the Attorney
General's consent, to serve as receiver or as attorney for the
receiver.
(f) The court has jurisdiction of all questions arising in the
receivership proceedings and may make any orders and judgments as may
be required, including orders after noticed motion by the receiver
to avoid transfers as provided in paragraphs (4), (5), (6), and (7)
of subdivision (c).
(g) If the court determines that the Attorney General has a
reasonable probability of prevailing on the merits at trial in
establishing that the defendant obtained real or personal property by
unlawful means but that the appointment of a receiver is not
requested or that the conditions for the appointment of a receiver
described in subdivision (b) have not been shown, the court shall
issue any necessary orders to assure that the defendant does not
transfer or encumber any property which may be used to satisfy a
judgment in the action.
(h) This section is cumulative to all other provisions of law.
(i) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(j) This section does not provide for the appointment of a
receiver in actions in which the appointment of a receiver is not
otherwise authorized by law.
(k) The recordation of a copy of the receivership order imparts
constructive notice of the receivership in connection with any matter
involving real property located in the county in which the
receivership order is recorded.
12527.5. For purposes of this article, any property which is
obtained in connection with any deceptive or misleading statements or
conduct shall be deemed obtained through constructive fraud.
12528. (a) There is in the Office of the Attorney General the
Bureau of Medi-Cal Fraud, which shall implement Sections 1903(a)(6),
1903(b)(3), and 1903(g) of the federal Social Security Act, as
amended by the federal Medicare-Medicaid Anti-Fraud and Abuse
Amendments ( Public Law 95-124), and is authorized to conduct a
statewide program for investigating and prosecuting, and referring
for prosecution, violations of all applicable laws pertaining to
fraud in the administration of the Medi-Cal program, the provision of
medical assistance or medical supplies, or the activities of
providers of medical assistance or medical suppliers under the
Medi-Cal plan. The investigation of fraud by beneficiaries of the
Medi-Cal program is the responsibility of the Audits and
Investigations Branch of the State Department of Health Services.
(b) The bureau shall also review complaints alleging abuse or
neglect of patients in health care facilities receiving payments
under the Medi-Cal plan and may review complaints of the
misappropriation of patient's private funds in such facilities and
complaints of discriminatory treatment of Medi-Cal beneficiaries by
such facilities.
(1) If the initial review indicates substantial potential for
criminal prosecution, the bureau shall investigate the complaint or
refer it to an appropriate criminal investigative or prosecutive
authority.
(2) If the initial review does not indicate a substantial
potential for criminal prosecution, the bureau shall inform the
referring agency of its determination and may, if appropriate, refer
the complaint to the State Department of Health Services.
(c) Local law enforcement and prosecution agencies shall have
concurrent jurisdiction with the bureau to investigate and prosecute
violations of law referred to in this section.
(d) If the bureau, in carrying out its duties and responsibilities
under subdivisions (a) and (b), discovers that overpayments have
been made to a health care facility or other provider of medical
assistance or medical supplies under the Medi-Cal plan, the bureau
shall either attempt to collect the overpayment or refer the matter
to the State Department of Health Services for collection.
(e) Where a prosecuting authority other than the bureau elects to
prosecute a case reported to the bureau, the bureau shall, upon
request of that prosecuting authority, ensure that those responsible
for the prosecutive decision and the preparation of the case for
trial have the opportunity to participate in the investigation from
its inception and will provide all necessary assistance to the
prosecuting authority throughout all resulting prosecutions.
(f) The bureau shall make available to federal investigators or
prosecutors all information in its possession concerning fraud in the
provision or administration of medical assistance under the Medi-Cal
plan and shall cooperate with such officials in coordinating any
federal and state investigations or prosecutions involving the same
suspects or allegations.
(g) The bureau shall safeguard the privacy rights of all
individuals and shall provide safeguards to prevent the misuse of
information under its control, and all agencies which are required to
report complaints alleging abuse or neglect of patients shall
maintain the confidentiality of those reports until such time as the
report becomes a matter of public record.
(h) The bureau shall offer training programs to local law
enforcement and prosecutorial personnel in investigating and
prosecuting crimes against elders and dependent adults, and to the
State Department of Health Services, the State Department of Social
Services, the county adult protective services agencies and to the
Long-Term Care Ombudsman in evaluating and documenting criminal abuse
against elders and dependent adults.
(i) The state Long-Term Care Ombudsman, the Licensing and
Certification Division in the Department of Health Services, and the
Statistical Services Bureau in the State Department of Social
Services shall report to the bureau all instances of abuse and
neglect of elders and dependent adults, as defined in Section 15610
of the Welfare and Institutions Code, which come to their attention.
(j) The bureau shall collect information on a statewide basis
regarding cases of abuse and neglect of patients in health facilities
receiving payments from the Medi-Cal program for the primary purpose
of analyzing the information it collects and disseminating its
conclusions to local law enforcement agencies and to regulatory and
licensing authorities.
(k) For purposes of this section, "bureau" means the Bureau of
Medi-Cal Fraud in the Office of the Attorney General.
12528.1. (a) Any agent, investigator, or auditor of the Bureau of
Medi-Cal Fraud within the office of the Attorney General shall have
the authority to inspect, at any time, the business location of any
Medi-Cal provider for the purpose of carrying out the duties of the
bureau as set forth in Section 12528. For purposes of this
subdivision, "provider" includes an applicant as defined in Section
14043.1 of the Welfare and Institutions Code and a billing agent, as
defined in Section 14040.1 of the Welfare and Institutions Code.
(b) The department shall provide all investigators and auditors
assigned to lead a facility inspection team of a health facility
licensed under Chapter 2 (commencing with Section 1250) of Division 2
of the Health and Safety Code with basic training on the relevant
statutes and regulations governing the types of facilities to be
inspected. Unless it is impracticable, the training shall include a
facility tour, unrelated to an actual inspection, to observe the
operations of the type of facilities to be inspected.
(c) The Bureau of Medi-Cal Fraud shall develop protocols to ensure
that inspections conducted pursuant to this section are conducted
during normal business hours and are completed in the least intrusive
manner possible.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
investigate and prosecute proceedings against licensees and
applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
prosecute proceedings against licensees and applicants within the
jurisdiction of the Medical Board of California, the California Board
of Podiatric Medicine, the Board of Psychology, or any committee
under the jurisdiction of the Medical Board of California, and to
provide ongoing review of the investigative activities conducted in
support of those prosecutions, as provided in subdivision (b) of
Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall become operative January 1, 2013.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with each
major intake and investigatory unit of the boards, to assist in the
evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2013.
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.7. By March 1, 2012, the Medical Board of California, in
consultation with the Department of Justice and the Department of
Consumer Affairs, shall report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
12530. The Public Rights Law Enforcement Special Fund is hereby
established in the State Treasury, to be administered by the
Department of Justice. Moneys in the fund, upon appropriation by the
Legislature, shall be used by the Attorney General to support the
investigation and prosecution of any matter within the authority of
the Department of Justice's Public Rights Division.
12510. The Attorney General is head of the Department of Justice.
12511. The Attorney General has charge, as attorney, of all legal
matters in which the State is interested, except the business of The
Regents of the University of California and of such other boards or
officers as are by law authorized to employ attorneys.
12511.5. The Attorney General may defend a public or private
provider of health care, as defined in Section 56.05 of the Civil
Code, and its officers, employees, agents, and subcontractors against
any claim that the civil rights of a person in state custody were
violated in the provision of health care services, where those
services were provided under contract with, or under the control of,
the Department of Corrections. Defense of the provider of health care
is conditioned upon the provider maintaining insurance for
professional negligence.
12512. The Attorney General shall attend the Supreme Court and
prosecute or defend all causes to which the State, or any State
officer is a party in his or her official capacity.
12513. After judgment in any of the causes referred to in Section
12512, the Attorney General shall direct the issuing of such process
as may be necessary to carry the judgment into execution.
12513.1. Any person who fails to pay on a timely basis any
liability or penalty imposed by or on behalf of any state agency or
official, the People of the State of California, the State of
California, or any liability or penalty otherwise imposed in any
matter prosecuted by the Attorney General, shall be required to pay,
in addition to that liability or penalty, interest, reasonable
attorneys' fees, and costs for any collection proceedings to enforce
payment.
12514. The Attorney General shall keep a docket of all causes in
which he is required to appear. The docket shall be open to the
inspection of the public during business hours, and shall show:
(a) The county, and court in which the causes have been instituted
and tried.
(b) Whether they are civil or criminal.
(c) The stage of the proceedings.
(d) If civil, the nature of the demand and judgment, any process
issued thereon, and satisfaction of the judgment or the return of the
sheriff.
(e) If criminal, the nature of the crime, the mode of prosecution,
the sentence, the execution of the sentence or the reasons for the
delay or prevention of execution.
12515. The Attorney General shall bid upon and purchase, in the
name of the state and under the direction of the Department of
General Services, any property offered for sale under execution
issued upon judgments in favor or for the use of the state, and enter
satisfaction in whole or in part, of such judgments as the
consideration for such purchase.
12516. Whenever the property of a judgment debtor in any judgment
in favor or for the use of the state has been sold under a prior
judgment, or is subject to any prior judgment, lien, or encumbrance,
the Attorney General shall, under the direction of the Department of
General Services, redeem the property from the prior judgment, lien,
or encumbrance. Upon order of the Department of General Services, the
money necessary for redemption shall be paid out of any
appropriation for that purpose.
12517. When in his opinion it may be necessary for the collection
or enforcement of any judgment in favor or for the use of the state,
the Attorney General shall institute and prosecute, in behalf of the
state, actions or proceedings to set aside and annul all conveyances
fraudulently made by judgment debtors. When allowed by the Department
of General Services, the necessary cost shall be paid out of any
available appropriation.
12518. Whenever any action is brought against the State or any
State agency involving the title, or right to possession or the
boundaries of any lands belonging to the State or in which it has any
interest, the Attorney General may, when in his judgment the public
interest so requires, upon his own motion or upon the request of any
State agency, appear as attorney in defense of the State or State
agency.
Upon his own motion or upon the request of any State agency, the
Attorney General may institute such an action in the name of the
people of the State or on behalf of any State agency.
12519. The Attorney General shall give his or her opinion in
writing to any Member of the Legislature, the Governor, Lieutenant
Governor, Secretary of State, Controller, Treasurer, State Lands
Commission, Superintendent of Public Instruction, Insurance
Commissioner, any state agency, and any county counsel, district
attorney, or sheriff when requested, upon any question of law
relating to their respective offices.
The Attorney General shall give his or her opinion in writing to a
city prosecuting attorney when requested, upon any question of law
relating to criminal matters.
12520. (a) The Attorney General may not employ special counsel in
any case except pursuant to either of the following:
(1) Article 3 (commencing with Section 12540).
(2) Article 4 (commencing with Section 12550).
(b) Subdivision (a) does not affect the right of the Attorney
General to employ counsel to represent, or to assist in the
representation of, a state agency as defined in Section 11000,
including the Attorney General or the Department of Justice, or to
represent a state employee if that representation meets any of the
standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of
subdivision (b) of Section 19130.
12521. The Attorney General shall account for and pay over to the
proper officer all money which may come into his possession belonging
to the State or to any county.
12522. On or before the fifteenth day of September in each
even-numbered year, the Attorney General shall report to the Governor
the condition of the affairs of his office and of the reports
received by him from district attorneys.
12523. The Attorney General may appear for and represent the
Indians of the State of California before the Indian Claims
Commission created by an act of Congress approved August 13, 1946
(Public Law 726).
12524. The Attorney General may, from time to time, and as often as
occasion may require, call into conference the district attorneys
and sheriffs of the several counties and the chiefs of police of the
several municipalities of this state, or such of them as he may deem
advisable, for the purpose of discussing the duties of their
respective offices, with the view of uniform and adequate enforcement
of the laws of this state as contemplated by Section 13 of Article V
of the Constitution of this state.
12525. In any case in which a person dies while in the custody of
any law enforcement agency or while in custody in a local or state
correctional facility in this state, the law enforcement agency or
the agency in charge of the correctional facility shall report in
writing to the Attorney General, within 10 days after the death, all
facts in the possession of the law enforcement agency or agency in
charge of the correctional facility concerning the death. These
writings are public records within the meaning of subdivision (d) of
Section 6252 of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), are open to
public inspection pursuant to Sections 6253, 6256, 6257, and 6258.
Nothing in this section shall permit the disclosure of confidential
medical information that may have been submitted to the Attorney
General's office in conjunction with the report except as provided in
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.
12526. The Attorney General antitrust account is hereby created in
the General Fund. All money in the account is available to the
Department of Justice for expenditure in carrying out the antitrust
activities of the department and for the refund, in accordance with
law, of any moneys erroneously paid in to the account. Money in the
account shall be available for expenditure only upon appropriation by
the Legislature in the annual Budget Bill. Such appropriation may be
augmented by executive order issued by the Director of Finance,
provided that within 30 days after such augmentation the Director of
Finance shall notify the Chairman of the Joint Legislative Budget
Committee and the chairman of the committee in each house which
consider appropriations of any additional allocations. It is the
intent of the Legislature that any augmentation shall be limited to
the amount required to meet specific unbudgeted workload needs. Any
continuing increase in the level of antitrust activity shall be
subject to legislative review through the appropriation process. The
expenses of the antitrust section in excess of the funds available in
the Attorney General antitrust account within the General Fund shall
be paid out of the regular appropriation for the support of the
Department of Justice. If at any time the Attorney General's
antitrust account within the General Fund exceeds three million
dollars ($3,000,000), any amount in excess of three million dollars
($3,000,000) shall be transferred from such account to the
unallocated funds within the General Fund.
12527. (a) This section applies to every action brought in the name
of the people of the State of California by the Attorney General.
(b) The court may appoint a receiver, in actions in which the
appointment of a receiver is authorized by law, upon the application
of the Attorney General if the court determines both of the
following:
(1) The Attorney General has a reasonable probability of
prevailing on the merits at trial in establishing that the defendant
obtained real or personal property by any unlawful means.
(2) The appointment of a receiver would facilitate the
maintenance, preservation, operation, or recovery of that property
for any restitutionary purpose.
(c) The receiver may do any of the following subject to the
direction of the court:
(1) Sue for, collect, receive, and take into possession all the
real and personal property derived by any unlawful means, including
property with which that property or the proceeds thereof has been
commingled if that property or the proceeds thereof cannot be
identified in kind because of the commingling.
(2) Take possession of all books, records, and documents relating
to any unlawfully obtained property and the proceeds thereof. In
addition, the receiver shall have the same right as a defendant to
request, obtain, inspect, copy, and obtain copies of books, records,
and documents maintained by third parties that relate to unlawfully
obtained property and the proceeds thereof.
(3) Transfer, encumber, manage, control, and hold all property
subject to the receivership, including the proceeds thereof, in the
manner directed or ratified by the court.
(4) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof to any person who committed,
aided or abetted, or participated in the commission of unlawful acts
or who had knowledge that the property had been unlawfully obtained.
(5) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made with the intent to
hinder or delay the recovery of that property or any interest in it
by the receiver or any person from whom the property was unlawfully
obtained.
(6) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof that was made within one year
before the date of the entry of the receivership order if less than
a reasonably equivalent value was given in exchange for the transfer,
except that a bona fide transferee for value and without notice that
the property had been unlawfully obtained may retain the interest
transferred until the value given in exchange for the transfer is
returned to the transferee.
(7) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made within 90 days before
the date of the entry of the receivership order to a transferee from
whom the defendant unlawfully obtained some property if (A) the
receiver establishes that the avoidance of the transfer will promote
a fair pro rata distribution of restitution among all people from
whom defendants unlawfully obtained property and (B) the transferee
cannot establish that the specific property transferred was the same
property which had been unlawfully obtained from the transferee.
(8) Exercise any power authorized by statute or ordered by the
court.
(d) (1) All property in the possession, management, or control of
the receiver is in the custody of the court. The court may order that
the expenses of the receivership, including receiver's fees, be paid
from the property held by the receiver, but neither the state, the
Attorney General, nor any state department, agency, or bureau shall
be liable for any receivership expense, including receiver's fees,
unless otherwise expressly provided by written contract.
(2) No person with actual or constructive notice of the
receivership shall interfere with the discharge of the receiver's
duties.
(3) No person may file any action or enforce or create any lien,
or cause to be issued, served, or levied any summons, subpoena,
attachment, or writ of execution against the receiver or any property
subject to the receivership without first obtaining prior court
approval upon motion with notice to the receiver and the Attorney
General. Any legal procedure described herein commenced without prior
court approval is void except as to a bona fide purchaser or
encumbrancer for value and without notice of the receivership. No
person without notice of the receivership shall incur any liability
for commencing or maintaining any legal procedure described by this
paragraph.
(e) The court may appoint the Attorney General, with the Attorney
General's consent, to serve as receiver or as attorney for the
receiver.
(f) The court has jurisdiction of all questions arising in the
receivership proceedings and may make any orders and judgments as may
be required, including orders after noticed motion by the receiver
to avoid transfers as provided in paragraphs (4), (5), (6), and (7)
of subdivision (c).
(g) If the court determines that the Attorney General has a
reasonable probability of prevailing on the merits at trial in
establishing that the defendant obtained real or personal property by
unlawful means but that the appointment of a receiver is not
requested or that the conditions for the appointment of a receiver
described in subdivision (b) have not been shown, the court shall
issue any necessary orders to assure that the defendant does not
transfer or encumber any property which may be used to satisfy a
judgment in the action.
(h) This section is cumulative to all other provisions of law.
(i) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(j) This section does not provide for the appointment of a
receiver in actions in which the appointment of a receiver is not
otherwise authorized by law.
(k) The recordation of a copy of the receivership order imparts
constructive notice of the receivership in connection with any matter
involving real property located in the county in which the
receivership order is recorded.
12527.5. For purposes of this article, any property which is
obtained in connection with any deceptive or misleading statements or
conduct shall be deemed obtained through constructive fraud.
12528. (a) There is in the Office of the Attorney General the
Bureau of Medi-Cal Fraud, which shall implement Sections 1903(a)(6),
1903(b)(3), and 1903(g) of the federal Social Security Act, as
amended by the federal Medicare-Medicaid Anti-Fraud and Abuse
Amendments ( Public Law 95-124), and is authorized to conduct a
statewide program for investigating and prosecuting, and referring
for prosecution, violations of all applicable laws pertaining to
fraud in the administration of the Medi-Cal program, the provision of
medical assistance or medical supplies, or the activities of
providers of medical assistance or medical suppliers under the
Medi-Cal plan. The investigation of fraud by beneficiaries of the
Medi-Cal program is the responsibility of the Audits and
Investigations Branch of the State Department of Health Services.
(b) The bureau shall also review complaints alleging abuse or
neglect of patients in health care facilities receiving payments
under the Medi-Cal plan and may review complaints of the
misappropriation of patient's private funds in such facilities and
complaints of discriminatory treatment of Medi-Cal beneficiaries by
such facilities.
(1) If the initial review indicates substantial potential for
criminal prosecution, the bureau shall investigate the complaint or
refer it to an appropriate criminal investigative or prosecutive
authority.
(2) If the initial review does not indicate a substantial
potential for criminal prosecution, the bureau shall inform the
referring agency of its determination and may, if appropriate, refer
the complaint to the State Department of Health Services.
(c) Local law enforcement and prosecution agencies shall have
concurrent jurisdiction with the bureau to investigate and prosecute
violations of law referred to in this section.
(d) If the bureau, in carrying out its duties and responsibilities
under subdivisions (a) and (b), discovers that overpayments have
been made to a health care facility or other provider of medical
assistance or medical supplies under the Medi-Cal plan, the bureau
shall either attempt to collect the overpayment or refer the matter
to the State Department of Health Services for collection.
(e) Where a prosecuting authority other than the bureau elects to
prosecute a case reported to the bureau, the bureau shall, upon
request of that prosecuting authority, ensure that those responsible
for the prosecutive decision and the preparation of the case for
trial have the opportunity to participate in the investigation from
its inception and will provide all necessary assistance to the
prosecuting authority throughout all resulting prosecutions.
(f) The bureau shall make available to federal investigators or
prosecutors all information in its possession concerning fraud in the
provision or administration of medical assistance under the Medi-Cal
plan and shall cooperate with such officials in coordinating any
federal and state investigations or prosecutions involving the same
suspects or allegations.
(g) The bureau shall safeguard the privacy rights of all
individuals and shall provide safeguards to prevent the misuse of
information under its control, and all agencies which are required to
report complaints alleging abuse or neglect of patients shall
maintain the confidentiality of those reports until such time as the
report becomes a matter of public record.
(h) The bureau shall offer training programs to local law
enforcement and prosecutorial personnel in investigating and
prosecuting crimes against elders and dependent adults, and to the
State Department of Health Services, the State Department of Social
Services, the county adult protective services agencies and to the
Long-Term Care Ombudsman in evaluating and documenting criminal abuse
against elders and dependent adults.
(i) The state Long-Term Care Ombudsman, the Licensing and
Certification Division in the Department of Health Services, and the
Statistical Services Bureau in the State Department of Social
Services shall report to the bureau all instances of abuse and
neglect of elders and dependent adults, as defined in Section 15610
of the Welfare and Institutions Code, which come to their attention.
(j) The bureau shall collect information on a statewide basis
regarding cases of abuse and neglect of patients in health facilities
receiving payments from the Medi-Cal program for the primary purpose
of analyzing the information it collects and disseminating its
conclusions to local law enforcement agencies and to regulatory and
licensing authorities.
(k) For purposes of this section, "bureau" means the Bureau of
Medi-Cal Fraud in the Office of the Attorney General.
12528.1. (a) Any agent, investigator, or auditor of the Bureau of
Medi-Cal Fraud within the office of the Attorney General shall have
the authority to inspect, at any time, the business location of any
Medi-Cal provider for the purpose of carrying out the duties of the
bureau as set forth in Section 12528. For purposes of this
subdivision, "provider" includes an applicant as defined in Section
14043.1 of the Welfare and Institutions Code and a billing agent, as
defined in Section 14040.1 of the Welfare and Institutions Code.
(b) The department shall provide all investigators and auditors
assigned to lead a facility inspection team of a health facility
licensed under Chapter 2 (commencing with Section 1250) of Division 2
of the Health and Safety Code with basic training on the relevant
statutes and regulations governing the types of facilities to be
inspected. Unless it is impracticable, the training shall include a
facility tour, unrelated to an actual inspection, to observe the
operations of the type of facilities to be inspected.
(c) The Bureau of Medi-Cal Fraud shall develop protocols to ensure
that inspections conducted pursuant to this section are conducted
during normal business hours and are completed in the least intrusive
manner possible.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
investigate and prosecute proceedings against licensees and
applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
prosecute proceedings against licensees and applicants within the
jurisdiction of the Medical Board of California, the California Board
of Podiatric Medicine, the Board of Psychology, or any committee
under the jurisdiction of the Medical Board of California, and to
provide ongoing review of the investigative activities conducted in
support of those prosecutions, as provided in subdivision (b) of
Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall become operative January 1, 2013.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with each
major intake and investigatory unit of the boards, to assist in the
evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2013.
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.7. By March 1, 2012, the Medical Board of California, in
consultation with the Department of Justice and the Department of
Consumer Affairs, shall report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
12530. The Public Rights Law Enforcement Special Fund is hereby
established in the State Treasury, to be administered by the
Department of Justice. Moneys in the fund, upon appropriation by the
Legislature, shall be used by the Attorney General to support the
investigation and prosecution of any matter within the authority of
the Department of Justice's Public Rights Division.
12510. The Attorney General is head of the Department of Justice.
12511. The Attorney General has charge, as attorney, of all legal
matters in which the State is interested, except the business of The
Regents of the University of California and of such other boards or
officers as are by law authorized to employ attorneys.
12511.5. The Attorney General may defend a public or private
provider of health care, as defined in Section 56.05 of the Civil
Code, and its officers, employees, agents, and subcontractors against
any claim that the civil rights of a person in state custody were
violated in the provision of health care services, where those
services were provided under contract with, or under the control of,
the Department of Corrections. Defense of the provider of health care
is conditioned upon the provider maintaining insurance for
professional negligence.
12512. The Attorney General shall attend the Supreme Court and
prosecute or defend all causes to which the State, or any State
officer is a party in his or her official capacity.
12513. After judgment in any of the causes referred to in Section
12512, the Attorney General shall direct the issuing of such process
as may be necessary to carry the judgment into execution.
12513.1. Any person who fails to pay on a timely basis any
liability or penalty imposed by or on behalf of any state agency or
official, the People of the State of California, the State of
California, or any liability or penalty otherwise imposed in any
matter prosecuted by the Attorney General, shall be required to pay,
in addition to that liability or penalty, interest, reasonable
attorneys' fees, and costs for any collection proceedings to enforce
payment.
12514. The Attorney General shall keep a docket of all causes in
which he is required to appear. The docket shall be open to the
inspection of the public during business hours, and shall show:
(a) The county, and court in which the causes have been instituted
and tried.
(b) Whether they are civil or criminal.
(c) The stage of the proceedings.
(d) If civil, the nature of the demand and judgment, any process
issued thereon, and satisfaction of the judgment or the return of the
sheriff.
(e) If criminal, the nature of the crime, the mode of prosecution,
the sentence, the execution of the sentence or the reasons for the
delay or prevention of execution.
12515. The Attorney General shall bid upon and purchase, in the
name of the state and under the direction of the Department of
General Services, any property offered for sale under execution
issued upon judgments in favor or for the use of the state, and enter
satisfaction in whole or in part, of such judgments as the
consideration for such purchase.
12516. Whenever the property of a judgment debtor in any judgment
in favor or for the use of the state has been sold under a prior
judgment, or is subject to any prior judgment, lien, or encumbrance,
the Attorney General shall, under the direction of the Department of
General Services, redeem the property from the prior judgment, lien,
or encumbrance. Upon order of the Department of General Services, the
money necessary for redemption shall be paid out of any
appropriation for that purpose.
12517. When in his opinion it may be necessary for the collection
or enforcement of any judgment in favor or for the use of the state,
the Attorney General shall institute and prosecute, in behalf of the
state, actions or proceedings to set aside and annul all conveyances
fraudulently made by judgment debtors. When allowed by the Department
of General Services, the necessary cost shall be paid out of any
available appropriation.
12518. Whenever any action is brought against the State or any
State agency involving the title, or right to possession or the
boundaries of any lands belonging to the State or in which it has any
interest, the Attorney General may, when in his judgment the public
interest so requires, upon his own motion or upon the request of any
State agency, appear as attorney in defense of the State or State
agency.
Upon his own motion or upon the request of any State agency, the
Attorney General may institute such an action in the name of the
people of the State or on behalf of any State agency.
12519. The Attorney General shall give his or her opinion in
writing to any Member of the Legislature, the Governor, Lieutenant
Governor, Secretary of State, Controller, Treasurer, State Lands
Commission, Superintendent of Public Instruction, Insurance
Commissioner, any state agency, and any county counsel, district
attorney, or sheriff when requested, upon any question of law
relating to their respective offices.
The Attorney General shall give his or her opinion in writing to a
city prosecuting attorney when requested, upon any question of law
relating to criminal matters.
12520. (a) The Attorney General may not employ special counsel in
any case except pursuant to either of the following:
(1) Article 3 (commencing with Section 12540).
(2) Article 4 (commencing with Section 12550).
(b) Subdivision (a) does not affect the right of the Attorney
General to employ counsel to represent, or to assist in the
representation of, a state agency as defined in Section 11000,
including the Attorney General or the Department of Justice, or to
represent a state employee if that representation meets any of the
standards set forth in paragraph (3), (5), (7), (8), (9), or (10) of
subdivision (b) of Section 19130.
12521. The Attorney General shall account for and pay over to the
proper officer all money which may come into his possession belonging
to the State or to any county.
12522. On or before the fifteenth day of September in each
even-numbered year, the Attorney General shall report to the Governor
the condition of the affairs of his office and of the reports
received by him from district attorneys.
12523. The Attorney General may appear for and represent the
Indians of the State of California before the Indian Claims
Commission created by an act of Congress approved August 13, 1946
(Public Law 726).
12524. The Attorney General may, from time to time, and as often as
occasion may require, call into conference the district attorneys
and sheriffs of the several counties and the chiefs of police of the
several municipalities of this state, or such of them as he may deem
advisable, for the purpose of discussing the duties of their
respective offices, with the view of uniform and adequate enforcement
of the laws of this state as contemplated by Section 13 of Article V
of the Constitution of this state.
12525. In any case in which a person dies while in the custody of
any law enforcement agency or while in custody in a local or state
correctional facility in this state, the law enforcement agency or
the agency in charge of the correctional facility shall report in
writing to the Attorney General, within 10 days after the death, all
facts in the possession of the law enforcement agency or agency in
charge of the correctional facility concerning the death. These
writings are public records within the meaning of subdivision (d) of
Section 6252 of the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), are open to
public inspection pursuant to Sections 6253, 6256, 6257, and 6258.
Nothing in this section shall permit the disclosure of confidential
medical information that may have been submitted to the Attorney
General's office in conjunction with the report except as provided in
Part 2.6 (commencing with Section 56) of Division 1 of the Civil
Code.
12526. The Attorney General antitrust account is hereby created in
the General Fund. All money in the account is available to the
Department of Justice for expenditure in carrying out the antitrust
activities of the department and for the refund, in accordance with
law, of any moneys erroneously paid in to the account. Money in the
account shall be available for expenditure only upon appropriation by
the Legislature in the annual Budget Bill. Such appropriation may be
augmented by executive order issued by the Director of Finance,
provided that within 30 days after such augmentation the Director of
Finance shall notify the Chairman of the Joint Legislative Budget
Committee and the chairman of the committee in each house which
consider appropriations of any additional allocations. It is the
intent of the Legislature that any augmentation shall be limited to
the amount required to meet specific unbudgeted workload needs. Any
continuing increase in the level of antitrust activity shall be
subject to legislative review through the appropriation process. The
expenses of the antitrust section in excess of the funds available in
the Attorney General antitrust account within the General Fund shall
be paid out of the regular appropriation for the support of the
Department of Justice. If at any time the Attorney General's
antitrust account within the General Fund exceeds three million
dollars ($3,000,000), any amount in excess of three million dollars
($3,000,000) shall be transferred from such account to the
unallocated funds within the General Fund.
12527. (a) This section applies to every action brought in the name
of the people of the State of California by the Attorney General.
(b) The court may appoint a receiver, in actions in which the
appointment of a receiver is authorized by law, upon the application
of the Attorney General if the court determines both of the
following:
(1) The Attorney General has a reasonable probability of
prevailing on the merits at trial in establishing that the defendant
obtained real or personal property by any unlawful means.
(2) The appointment of a receiver would facilitate the
maintenance, preservation, operation, or recovery of that property
for any restitutionary purpose.
(c) The receiver may do any of the following subject to the
direction of the court:
(1) Sue for, collect, receive, and take into possession all the
real and personal property derived by any unlawful means, including
property with which that property or the proceeds thereof has been
commingled if that property or the proceeds thereof cannot be
identified in kind because of the commingling.
(2) Take possession of all books, records, and documents relating
to any unlawfully obtained property and the proceeds thereof. In
addition, the receiver shall have the same right as a defendant to
request, obtain, inspect, copy, and obtain copies of books, records,
and documents maintained by third parties that relate to unlawfully
obtained property and the proceeds thereof.
(3) Transfer, encumber, manage, control, and hold all property
subject to the receivership, including the proceeds thereof, in the
manner directed or ratified by the court.
(4) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof to any person who committed,
aided or abetted, or participated in the commission of unlawful acts
or who had knowledge that the property had been unlawfully obtained.
(5) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made with the intent to
hinder or delay the recovery of that property or any interest in it
by the receiver or any person from whom the property was unlawfully
obtained.
(6) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof that was made within one year
before the date of the entry of the receivership order if less than
a reasonably equivalent value was given in exchange for the transfer,
except that a bona fide transferee for value and without notice that
the property had been unlawfully obtained may retain the interest
transferred until the value given in exchange for the transfer is
returned to the transferee.
(7) Avoid a transfer of any interest in any unlawfully obtained
property including the proceeds thereof made within 90 days before
the date of the entry of the receivership order to a transferee from
whom the defendant unlawfully obtained some property if (A) the
receiver establishes that the avoidance of the transfer will promote
a fair pro rata distribution of restitution among all people from
whom defendants unlawfully obtained property and (B) the transferee
cannot establish that the specific property transferred was the same
property which had been unlawfully obtained from the transferee.
(8) Exercise any power authorized by statute or ordered by the
court.
(d) (1) All property in the possession, management, or control of
the receiver is in the custody of the court. The court may order that
the expenses of the receivership, including receiver's fees, be paid
from the property held by the receiver, but neither the state, the
Attorney General, nor any state department, agency, or bureau shall
be liable for any receivership expense, including receiver's fees,
unless otherwise expressly provided by written contract.
(2) No person with actual or constructive notice of the
receivership shall interfere with the discharge of the receiver's
duties.
(3) No person may file any action or enforce or create any lien,
or cause to be issued, served, or levied any summons, subpoena,
attachment, or writ of execution against the receiver or any property
subject to the receivership without first obtaining prior court
approval upon motion with notice to the receiver and the Attorney
General. Any legal procedure described herein commenced without prior
court approval is void except as to a bona fide purchaser or
encumbrancer for value and without notice of the receivership. No
person without notice of the receivership shall incur any liability
for commencing or maintaining any legal procedure described by this
paragraph.
(e) The court may appoint the Attorney General, with the Attorney
General's consent, to serve as receiver or as attorney for the
receiver.
(f) The court has jurisdiction of all questions arising in the
receivership proceedings and may make any orders and judgments as may
be required, including orders after noticed motion by the receiver
to avoid transfers as provided in paragraphs (4), (5), (6), and (7)
of subdivision (c).
(g) If the court determines that the Attorney General has a
reasonable probability of prevailing on the merits at trial in
establishing that the defendant obtained real or personal property by
unlawful means but that the appointment of a receiver is not
requested or that the conditions for the appointment of a receiver
described in subdivision (b) have not been shown, the court shall
issue any necessary orders to assure that the defendant does not
transfer or encumber any property which may be used to satisfy a
judgment in the action.
(h) This section is cumulative to all other provisions of law.
(i) If any provision of this section or the application thereof to
any person or circumstances is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(j) This section does not provide for the appointment of a
receiver in actions in which the appointment of a receiver is not
otherwise authorized by law.
(k) The recordation of a copy of the receivership order imparts
constructive notice of the receivership in connection with any matter
involving real property located in the county in which the
receivership order is recorded.
12527.5. For purposes of this article, any property which is
obtained in connection with any deceptive or misleading statements or
conduct shall be deemed obtained through constructive fraud.
12528. (a) There is in the Office of the Attorney General the
Bureau of Medi-Cal Fraud, which shall implement Sections 1903(a)(6),
1903(b)(3), and 1903(g) of the federal Social Security Act, as
amended by the federal Medicare-Medicaid Anti-Fraud and Abuse
Amendments ( Public Law 95-124), and is authorized to conduct a
statewide program for investigating and prosecuting, and referring
for prosecution, violations of all applicable laws pertaining to
fraud in the administration of the Medi-Cal program, the provision of
medical assistance or medical supplies, or the activities of
providers of medical assistance or medical suppliers under the
Medi-Cal plan. The investigation of fraud by beneficiaries of the
Medi-Cal program is the responsibility of the Audits and
Investigations Branch of the State Department of Health Services.
(b) The bureau shall also review complaints alleging abuse or
neglect of patients in health care facilities receiving payments
under the Medi-Cal plan and may review complaints of the
misappropriation of patient's private funds in such facilities and
complaints of discriminatory treatment of Medi-Cal beneficiaries by
such facilities.
(1) If the initial review indicates substantial potential for
criminal prosecution, the bureau shall investigate the complaint or
refer it to an appropriate criminal investigative or prosecutive
authority.
(2) If the initial review does not indicate a substantial
potential for criminal prosecution, the bureau shall inform the
referring agency of its determination and may, if appropriate, refer
the complaint to the State Department of Health Services.
(c) Local law enforcement and prosecution agencies shall have
concurrent jurisdiction with the bureau to investigate and prosecute
violations of law referred to in this section.
(d) If the bureau, in carrying out its duties and responsibilities
under subdivisions (a) and (b), discovers that overpayments have
been made to a health care facility or other provider of medical
assistance or medical supplies under the Medi-Cal plan, the bureau
shall either attempt to collect the overpayment or refer the matter
to the State Department of Health Services for collection.
(e) Where a prosecuting authority other than the bureau elects to
prosecute a case reported to the bureau, the bureau shall, upon
request of that prosecuting authority, ensure that those responsible
for the prosecutive decision and the preparation of the case for
trial have the opportunity to participate in the investigation from
its inception and will provide all necessary assistance to the
prosecuting authority throughout all resulting prosecutions.
(f) The bureau shall make available to federal investigators or
prosecutors all information in its possession concerning fraud in the
provision or administration of medical assistance under the Medi-Cal
plan and shall cooperate with such officials in coordinating any
federal and state investigations or prosecutions involving the same
suspects or allegations.
(g) The bureau shall safeguard the privacy rights of all
individuals and shall provide safeguards to prevent the misuse of
information under its control, and all agencies which are required to
report complaints alleging abuse or neglect of patients shall
maintain the confidentiality of those reports until such time as the
report becomes a matter of public record.
(h) The bureau shall offer training programs to local law
enforcement and prosecutorial personnel in investigating and
prosecuting crimes against elders and dependent adults, and to the
State Department of Health Services, the State Department of Social
Services, the county adult protective services agencies and to the
Long-Term Care Ombudsman in evaluating and documenting criminal abuse
against elders and dependent adults.
(i) The state Long-Term Care Ombudsman, the Licensing and
Certification Division in the Department of Health Services, and the
Statistical Services Bureau in the State Department of Social
Services shall report to the bureau all instances of abuse and
neglect of elders and dependent adults, as defined in Section 15610
of the Welfare and Institutions Code, which come to their attention.
(j) The bureau shall collect information on a statewide basis
regarding cases of abuse and neglect of patients in health facilities
receiving payments from the Medi-Cal program for the primary purpose
of analyzing the information it collects and disseminating its
conclusions to local law enforcement agencies and to regulatory and
licensing authorities.
(k) For purposes of this section, "bureau" means the Bureau of
Medi-Cal Fraud in the Office of the Attorney General.
12528.1. (a) Any agent, investigator, or auditor of the Bureau of
Medi-Cal Fraud within the office of the Attorney General shall have
the authority to inspect, at any time, the business location of any
Medi-Cal provider for the purpose of carrying out the duties of the
bureau as set forth in Section 12528. For purposes of this
subdivision, "provider" includes an applicant as defined in Section
14043.1 of the Welfare and Institutions Code and a billing agent, as
defined in Section 14040.1 of the Welfare and Institutions Code.
(b) The department shall provide all investigators and auditors
assigned to lead a facility inspection team of a health facility
licensed under Chapter 2 (commencing with Section 1250) of Division 2
of the Health and Safety Code with basic training on the relevant
statutes and regulations governing the types of facilities to be
inspected. Unless it is impracticable, the training shall include a
facility tour, unrelated to an actual inspection, to observe the
operations of the type of facilities to be inspected.
(c) The Bureau of Medi-Cal Fraud shall develop protocols to ensure
that inspections conducted pursuant to this section are conducted
during normal business hours and are completed in the least intrusive
manner possible.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
investigate and prosecute proceedings against licensees and
applicants within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, the Board of
Psychology, or any committee under the jurisdiction of the Medical
Board of California.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529. (a) There is in the Department of Justice the Health Quality
Enforcement Section. The primary responsibility of the section is to
prosecute proceedings against licensees and applicants within the
jurisdiction of the Medical Board of California, the California Board
of Podiatric Medicine, the Board of Psychology, or any committee
under the jurisdiction of the Medical Board of California, and to
provide ongoing review of the investigative activities conducted in
support of those prosecutions, as provided in subdivision (b) of
Section 12529.5.
(b) The Attorney General shall appoint a Senior Assistant Attorney
General of the Health Quality Enforcement Section. The Senior
Assistant Attorney General of the Health Quality Enforcement Section
shall be an attorney in good standing licensed to practice in the
State of California, experienced in prosecutorial or administrative
disciplinary proceedings and competent in the management and
supervision of attorneys performing those functions.
(c) The Attorney General shall ensure that the Health Quality
Enforcement Section is staffed with a sufficient number of
experienced and able employees that are capable of handling the most
complex and varied types of disciplinary actions against the
licensees of the board.
(d) Funding for the Health Quality Enforcement Section shall be
budgeted in consultation with the Attorney General from the special
funds financing the operations of the Medical Board of California,
the California Board of Podiatric Medicine, the Board of Psychology,
and the committees under the jurisdiction of the Medical Board of
California, with the intent that the expenses be proportionally
shared as to services rendered.
(e) This section shall become operative January 1, 2013.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to work on location at the
intake unit of the boards described in subdivision (d) of Section
12529 to assist in evaluating and screening complaints and to assist
in developing uniform standards and procedures for processing
complaints.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.5. (a) All complaints or relevant information concerning
licensees that are within the jurisdiction of the Medical Board of
California, the California Board of Podiatric Medicine, or the Board
of Psychology shall be made available to the Health Quality
Enforcement Section.
(b) The Senior Assistant Attorney General of the Health Quality
Enforcement Section shall assign attorneys to assist the boards in
intake and investigations and to direct discipline-related
prosecutions. Attorneys shall be assigned to work closely with each
major intake and investigatory unit of the boards, to assist in the
evaluation and screening of complaints from receipt through
disposition and to assist in developing uniform standards and
procedures for the handling of complaints and investigations.
A deputy attorney general of the Health Quality Enforcement
Section shall frequently be available on location at each of the
working offices at the major investigation centers of the boards, to
provide consultation and related services and engage in case review
with the boards' investigative, medical advisory, and intake staff.
The Senior Assistant Attorney General and deputy attorneys general
working at his or her direction shall consult as appropriate with the
investigators of the boards, medical advisors, and executive staff
in the investigation and prosecution of disciplinary cases.
(c) The Senior Assistant Attorney General or his or her deputy
attorneys general shall assist the boards or committees in designing
and providing initial and in-service training programs for staff of
the boards or committees, including, but not limited to, information
collection and investigation.
(d) The determination to bring a disciplinary proceeding against a
licensee of the boards shall be made by the executive officer of the
boards or committees as appropriate in consultation with the senior
assistant.
(e) This section shall become operative January 1, 2013.
12529.6. (a) The Legislature finds and declares that the Medical
Board of California, by ensuring the quality and safety of medical
care, performs one of the most critical functions of state
government. Because of the critical importance of the board's public
health and safety function, the complexity of cases involving alleged
misconduct by physicians and surgeons, and the evidentiary burden in
the board's disciplinary cases, the Legislature finds and declares
that using a vertical enforcement and prosecution model for those
investigations is in the best interests of the people of California.
(b) Notwithstanding any other provision of law, as of January 1,
2006, each complaint that is referred to a district office of the
board for investigation shall be simultaneously and jointly assigned
to an investigator and to the deputy attorney general in the Health
Quality Enforcement Section responsible for prosecuting the case if
the investigation results in the filing of an accusation. The joint
assignment of the investigator and the deputy attorney general shall
exist for the duration of the disciplinary matter. During the
assignment, the investigator so assigned shall, under the direction
but not the supervision of the deputy attorney general, be
responsible for obtaining the evidence required to permit the
Attorney General to advise the board on legal matters such as whether
the board should file a formal accusation, dismiss the complaint for
a lack of evidence required to meet the applicable burden of proof,
or take other appropriate legal action.
(c) The Medical Board of California, the Department of Consumer
Affairs, and the Office of the Attorney General shall, if necessary,
enter into an interagency agreement to implement this section.
(d) This section does not affect the requirements of Section
12529.5 as applied to the Medical Board of California where
complaints that have not been assigned to a field office for
investigation are concerned.
(e) It is the intent of the Legislature to enhance the vertical
enforcement and prosecution model as set forth in subdivision (a).
The Medical Board of California shall do all of the following:
(1) Increase its computer capabilities and compatibilities with
the Health Quality Enforcement Section in order to share case
information.
(2) Establish and implement a plan to locate its enforcement staff
and the staff of the Health Quality Enforcement Section in the same
offices, as appropriate, in order to carry out the intent of the
vertical enforcement and prosecution model.
(3) Establish and implement a plan to assist in team building
between its enforcement staff and the staff of the Health Quality
Enforcement Section in order to ensure a common and consistent
knowledge base.
(f) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
12529.7. By March 1, 2012, the Medical Board of California, in
consultation with the Department of Justice and the Department of
Consumer Affairs, shall report and make recommendations to the
Governor and the Legislature on the vertical enforcement and
prosecution model created under Section 12529.6.
12530. The Public Rights Law Enforcement Special Fund is hereby
established in the State Treasury, to be administered by the
Department of Justice. Moneys in the fund, upon appropriation by the
Legislature, shall be used by the Attorney General to support the
investigation and prosecution of any matter within the authority of
the Department of Justice's Public Rights Division.
