21-3851.Penalties; medicaid fraudreimbursement fund; medicaid fraudprosecution revolving fund.(a) Any person convicted of a violation ofthis act, may be liable, inaddition to any other criminal penalties provided by law, for all ofthe following:
(1) Payment of full restitution of the amount of the excess payments;
(2) payment of interest on the amount of any excess payments at themaximum legal rate in effect on the date the payment was made to theperson for the period from the date upon which payment was made, tothe date upon which repayment is made;
(3) payment of all reasonable expenses that have been necessarilyincurred in the enforcement of this act, including, but not limited to, thecostsof the investigation, litigation and attorney fees.
(b) All moneys recovered pursuant to subsection (a)(1) and (2), shallbe remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit ofthe medicaid fraudreimbursement fund,which is hereby established in the state treasury. Moneys in the medicaidfraud reimbursement fund shall be divided and payments made from such fund tothe federalgovernment and affected state agencies for the refund of moneysfalsely obtained from the federal and state governments.
(c) All moneys recovered pursuant to subsection (a)(3) shall beremittedto the state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasuryto the credit of the medicaid fraud prosecutionrevolving fund,which is hereby established in the state treasury. Moneys in the medicaidfraud prosecution revolving fund may be appropriated to the attorney general,or to any county or district attorney who has successfullyprosecuted an action for a violation of this act and been awarded such costsof prosecution, in order to defray the costs of the attorney generaland any such county or district attorney in connection with their dutiesprovided by this act. No moneys shall be paid into the medicaid fraudprosecution revolving fund pursuant to this section unless the attorney generalor appropriate county or district attorney has commenced aprosecution pursuant to this section, and the court finds in its discretionthat payment of attorney fees and investigative costs is appropriate underall the circumstances, and the attorney general, or county or districtattorney has proven to the court that the expenses were reasonable andnecessary to the investigation and prosecution of such case, and the courtapproves such expenses as being reasonable and necessary.
History: L. 1996, ch. 267, § 8;L. 2001, ch. 5, § 80; July 1.
21-3851.Penalties; medicaid fraudreimbursement fund; medicaid fraudprosecution revolving fund.(a) Any person convicted of a violation ofthis act, may be liable, inaddition to any other criminal penalties provided by law, for all ofthe following:
(1) Payment of full restitution of the amount of the excess payments;
(2) payment of interest on the amount of any excess payments at themaximum legal rate in effect on the date the payment was made to theperson for the period from the date upon which payment was made, tothe date upon which repayment is made;
(3) payment of all reasonable expenses that have been necessarilyincurred in the enforcement of this act, including, but not limited to, thecostsof the investigation, litigation and attorney fees.
(b) All moneys recovered pursuant to subsection (a)(1) and (2), shallbe remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit ofthe medicaid fraudreimbursement fund,which is hereby established in the state treasury. Moneys in the medicaidfraud reimbursement fund shall be divided and payments made from such fund tothe federalgovernment and affected state agencies for the refund of moneysfalsely obtained from the federal and state governments.
(c) All moneys recovered pursuant to subsection (a)(3) shall beremittedto the state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasuryto the credit of the medicaid fraud prosecutionrevolving fund,which is hereby established in the state treasury. Moneys in the medicaidfraud prosecution revolving fund may be appropriated to the attorney general,or to any county or district attorney who has successfullyprosecuted an action for a violation of this act and been awarded such costsof prosecution, in order to defray the costs of the attorney generaland any such county or district attorney in connection with their dutiesprovided by this act. No moneys shall be paid into the medicaid fraudprosecution revolving fund pursuant to this section unless the attorney generalor appropriate county or district attorney has commenced aprosecution pursuant to this section, and the court finds in its discretionthat payment of attorney fees and investigative costs is appropriate underall the circumstances, and the attorney general, or county or districtattorney has proven to the court that the expenses were reasonable andnecessary to the investigation and prosecution of such case, and the courtapproves such expenses as being reasonable and necessary.
History: L. 1996, ch. 267, § 8;L. 2001, ch. 5, § 80; July 1.
21-3851.Penalties; medicaid fraudreimbursement fund; medicaid fraudprosecution revolving fund.(a) Any person convicted of a violation ofthis act, may be liable, inaddition to any other criminal penalties provided by law, for all ofthe following:
(1) Payment of full restitution of the amount of the excess payments;
(2) payment of interest on the amount of any excess payments at themaximum legal rate in effect on the date the payment was made to theperson for the period from the date upon which payment was made, tothe date upon which repayment is made;
(3) payment of all reasonable expenses that have been necessarilyincurred in the enforcement of this act, including, but not limited to, thecostsof the investigation, litigation and attorney fees.
(b) All moneys recovered pursuant to subsection (a)(1) and (2), shallbe remitted to the state treasurer in accordancewith the provisions of K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the state treasurer shall deposit the entireamount in the state treasury to the credit ofthe medicaid fraudreimbursement fund,which is hereby established in the state treasury. Moneys in the medicaidfraud reimbursement fund shall be divided and payments made from such fund tothe federalgovernment and affected state agencies for the refund of moneysfalsely obtained from the federal and state governments.
(c) All moneys recovered pursuant to subsection (a)(3) shall beremittedto the state treasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the state treasurershall deposit the entire amount in the state treasuryto the credit of the medicaid fraud prosecutionrevolving fund,which is hereby established in the state treasury. Moneys in the medicaidfraud prosecution revolving fund may be appropriated to the attorney general,or to any county or district attorney who has successfullyprosecuted an action for a violation of this act and been awarded such costsof prosecution, in order to defray the costs of the attorney generaland any such county or district attorney in connection with their dutiesprovided by this act. No moneys shall be paid into the medicaid fraudprosecution revolving fund pursuant to this section unless the attorney generalor appropriate county or district attorney has commenced aprosecution pursuant to this section, and the court finds in its discretionthat payment of attorney fees and investigative costs is appropriate underall the circumstances, and the attorney general, or county or districtattorney has proven to the court that the expenses were reasonable andnecessary to the investigation and prosecution of such case, and the courtapproves such expenses as being reasonable and necessary.
History: L. 1996, ch. 267, § 8;L. 2001, ch. 5, § 80; July 1.
