Attorney general may investigate violations, powers--serviceauthorized--prosecuting attorney, report, prosecution--provisionof records--no limitation of other actions.
191.910. 1. The attorney general shall have authority to investigatealleged or suspected violations of sections 191.900 to 191.910, and shallhave all powers provided by sections 407.040 to 407.090, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 are unlawful acts proscribed by chapter 407, RSMo,provided that if the attorney general exercises such powers, the provisionsof section 407.070, RSMo, shall also be applicable; and may exercise all ofthe powers provided by subsections 1 and 2 of section 578.387, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 involve "public assistance" as defined by section578.375, RSMo. The attorney general and his or her authorizedinvestigators shall be authorized to serve all subpoenas and civil processrelated to the enforcement of sections 191.900 to 191.910 and chapter 407,RSMo. In order for the attorney general to commence a state prosecutionfor violations of sections 191.900 to 191.910, the attorney general shallprepare and forward a report of the violations to the appropriateprosecuting attorney. Upon receiving a referral, the prosecuting attorneyshall either commence a prosecution based on the report by the filing of acomplaint, information, or indictment within sixty days of receipt of saidreport or shall file a written statement with the attorney generalexplaining why criminal charges should not be brought. This time periodmay be extended by the prosecuting attorney with the agreement of theattorney general for an additional sixty days. If the prosecuting attorneycommences a criminal prosecution, the attorney general or his designeeshall be permitted by the court to participate as a special assistantprosecuting attorney in settlement negotiations and all court proceedings,subject to the authority of the prosecuting attorney, for the purpose ofproviding such assistance as may be necessary. If the prosecuting attorneyfails to commence a prosecution and fails to file a written statementlisting the reasons why criminal charges should not be brought within theappropriate time period, or declines to prosecute on the basis ofinadequate office resources, the attorney general shall have authority tocommence prosecutions for violations of sections 191.900 to 191.910. Incases where a defendant pursuant to a common scheme or plan has committedacts which constitute or would constitute violations of sections 191.900 to191.910 in more than one state, the attorney general shall have theauthority to represent the state of Missouri in any plea agreement whichresolves all criminal prosecutions within and without the state, and suchagreement shall be binding on all state prosecutors.
2. In any investigation, hearing or other proceeding pursuant tosections 191.900 to 191.910, any record in the possession or control of ahealth care provider, or in the possession or control of another person onbehalf of a health care provider, including but not limited to any recordrelating to patient care, business or accounting records, payroll recordsand tax records, whether written or in an electronic format, shall be madeavailable by the health care provider to the attorney general or the court,and shall be admissible into evidence, regardless of any statutory orcommon law privilege which such health care provider, record custodian orpatient might otherwise invoke or assert. The provisions of section326.151*, RSMo, shall not apply to actions brought pursuant to sections191.900 to 191.910. The attorney general shall not disclose any recordobtained pursuant to this section, other than in connection with aproceeding instituted or pending in any court or administrative agency.The access, provision, use, and disclosure of records or material subjectto the provisions of 42 U.S.C. Section 290dd-2 shall be subject to saidsection, as may be amended from time to time, and to regulationspromulgated pursuant to said section.
3. No person shall knowingly, with the intent to defraud the medicalassistance program, destroy or conceal such records as are necessary tofully disclose the nature of the health care for which a claim wassubmitted or payment was received under a medical assistance program, orsuch records as are necessary to fully disclose all income and expendituresupon which rates of payment were based under a medical assistance program.Upon submitting a claim for or upon receiving payment for health care undera medical assistance program, a person shall not destroy or conceal anyrecords for five years after the date on which payment was received, ifpayment was received, or for five years after the date on which the claimwas submitted, if payment was not received. Any provider who knowinglydestroys or conceals such records is guilty of a class A misdemeanor.
4. Sections 191.900 to 191.910 shall not be construed to prohibit orlimit any other criminal or civil action against a health care provider forthe violation of any other law. Any complaint, investigation or reportreceived or completed pursuant to sections 198.070 and 198.090, RSMo,subsection 2 of section 205.967, RSMo, sections 375.991 to 375.994, RSMo,section 578.387, RSMo, or sections 660.300 and 660.305, RSMo, whichindicates a violation of sections 191.900 to 191.910, shall be referred tothe attorney general. A referral to the attorney general pursuant to thissubsection shall not preclude the agencies charged with enforcing theforegoing sections from conducting investigations, providing protectiveservices or taking administrative action regarding the complaint,investigation or report referred to the attorney general, as may beprovided by such sections; provided that all material developed by theattorney general in the course of an investigation pursuant to sections191.900 to 191.910 shall not be subject to subpoena, discovery, or otherlegal or administrative process in the course of any such administrativeaction. Sections 191.900 to 191.910 take precedence over the provisions ofsections 198.070 and 198.090, RSMo, subsection 2 of section 205.967, RSMo,sections 375.991 to 375.994, RSMo, section 578.387, RSMo, and sections660.300 and 660.305, RSMo, to the extent such provisions are inconsistentor overlap.
Attorney general may investigate violations, powers--serviceauthorized--prosecuting attorney, report, prosecution--provisionof records--no limitation of other actions.
191.910. 1. The attorney general shall have authority to investigatealleged or suspected violations of sections 191.900 to 191.910, and shallhave all powers provided by sections 407.040 to 407.090, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 are unlawful acts proscribed by chapter 407, RSMo,provided that if the attorney general exercises such powers, the provisionsof section 407.070, RSMo, shall also be applicable; and may exercise all ofthe powers provided by subsections 1 and 2 of section 578.387, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 involve "public assistance" as defined by section578.375, RSMo. The attorney general and his or her authorizedinvestigators shall be authorized to serve all subpoenas and civil processrelated to the enforcement of sections 191.900 to 191.910 and chapter 407,RSMo. In order for the attorney general to commence a state prosecutionfor violations of sections 191.900 to 191.910, the attorney general shallprepare and forward a report of the violations to the appropriateprosecuting attorney. Upon receiving a referral, the prosecuting attorneyshall either commence a prosecution based on the report by the filing of acomplaint, information, or indictment within sixty days of receipt of saidreport or shall file a written statement with the attorney generalexplaining why criminal charges should not be brought. This time periodmay be extended by the prosecuting attorney with the agreement of theattorney general for an additional sixty days. If the prosecuting attorneycommences a criminal prosecution, the attorney general or his designeeshall be permitted by the court to participate as a special assistantprosecuting attorney in settlement negotiations and all court proceedings,subject to the authority of the prosecuting attorney, for the purpose ofproviding such assistance as may be necessary. If the prosecuting attorneyfails to commence a prosecution and fails to file a written statementlisting the reasons why criminal charges should not be brought within theappropriate time period, or declines to prosecute on the basis ofinadequate office resources, the attorney general shall have authority tocommence prosecutions for violations of sections 191.900 to 191.910. Incases where a defendant pursuant to a common scheme or plan has committedacts which constitute or would constitute violations of sections 191.900 to191.910 in more than one state, the attorney general shall have theauthority to represent the state of Missouri in any plea agreement whichresolves all criminal prosecutions within and without the state, and suchagreement shall be binding on all state prosecutors.
2. In any investigation, hearing or other proceeding pursuant tosections 191.900 to 191.910, any record in the possession or control of ahealth care provider, or in the possession or control of another person onbehalf of a health care provider, including but not limited to any recordrelating to patient care, business or accounting records, payroll recordsand tax records, whether written or in an electronic format, shall be madeavailable by the health care provider to the attorney general or the court,and shall be admissible into evidence, regardless of any statutory orcommon law privilege which such health care provider, record custodian orpatient might otherwise invoke or assert. The provisions of section326.151*, RSMo, shall not apply to actions brought pursuant to sections191.900 to 191.910. The attorney general shall not disclose any recordobtained pursuant to this section, other than in connection with aproceeding instituted or pending in any court or administrative agency.The access, provision, use, and disclosure of records or material subjectto the provisions of 42 U.S.C. Section 290dd-2 shall be subject to saidsection, as may be amended from time to time, and to regulationspromulgated pursuant to said section.
3. No person shall knowingly, with the intent to defraud the medicalassistance program, destroy or conceal such records as are necessary tofully disclose the nature of the health care for which a claim wassubmitted or payment was received under a medical assistance program, orsuch records as are necessary to fully disclose all income and expendituresupon which rates of payment were based under a medical assistance program.Upon submitting a claim for or upon receiving payment for health care undera medical assistance program, a person shall not destroy or conceal anyrecords for five years after the date on which payment was received, ifpayment was received, or for five years after the date on which the claimwas submitted, if payment was not received. Any provider who knowinglydestroys or conceals such records is guilty of a class A misdemeanor.
4. Sections 191.900 to 191.910 shall not be construed to prohibit orlimit any other criminal or civil action against a health care provider forthe violation of any other law. Any complaint, investigation or reportreceived or completed pursuant to sections 198.070 and 198.090, RSMo,subsection 2 of section 205.967, RSMo, sections 375.991 to 375.994, RSMo,section 578.387, RSMo, or sections 660.300 and 660.305, RSMo, whichindicates a violation of sections 191.900 to 191.910, shall be referred tothe attorney general. A referral to the attorney general pursuant to thissubsection shall not preclude the agencies charged with enforcing theforegoing sections from conducting investigations, providing protectiveservices or taking administrative action regarding the complaint,investigation or report referred to the attorney general, as may beprovided by such sections; provided that all material developed by theattorney general in the course of an investigation pursuant to sections191.900 to 191.910 shall not be subject to subpoena, discovery, or otherlegal or administrative process in the course of any such administrativeaction. Sections 191.900 to 191.910 take precedence over the provisions ofsections 198.070 and 198.090, RSMo, subsection 2 of section 205.967, RSMo,sections 375.991 to 375.994, RSMo, section 578.387, RSMo, and sections660.300 and 660.305, RSMo, to the extent such provisions are inconsistentor overlap.
Attorney general may investigate violations, powers--serviceauthorized--prosecuting attorney, report, prosecution--provisionof records--no limitation of other actions.
191.910. 1. The attorney general shall have authority to investigatealleged or suspected violations of sections 191.900 to 191.910, and shallhave all powers provided by sections 407.040 to 407.090, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 are unlawful acts proscribed by chapter 407, RSMo,provided that if the attorney general exercises such powers, the provisionsof section 407.070, RSMo, shall also be applicable; and may exercise all ofthe powers provided by subsections 1 and 2 of section 578.387, RSMo, inconnection with investigations of alleged or suspected violations ofsections 191.900 to 191.910, as if the acts enumerated in subsections 1 to3 of section 191.905 involve "public assistance" as defined by section578.375, RSMo. The attorney general and his or her authorizedinvestigators shall be authorized to serve all subpoenas and civil processrelated to the enforcement of sections 191.900 to 191.910 and chapter 407,RSMo. In order for the attorney general to commence a state prosecutionfor violations of sections 191.900 to 191.910, the attorney general shallprepare and forward a report of the violations to the appropriateprosecuting attorney. Upon receiving a referral, the prosecuting attorneyshall either commence a prosecution based on the report by the filing of acomplaint, information, or indictment within sixty days of receipt of saidreport or shall file a written statement with the attorney generalexplaining why criminal charges should not be brought. This time periodmay be extended by the prosecuting attorney with the agreement of theattorney general for an additional sixty days. If the prosecuting attorneycommences a criminal prosecution, the attorney general or his designeeshall be permitted by the court to participate as a special assistantprosecuting attorney in settlement negotiations and all court proceedings,subject to the authority of the prosecuting attorney, for the purpose ofproviding such assistance as may be necessary. If the prosecuting attorneyfails to commence a prosecution and fails to file a written statementlisting the reasons why criminal charges should not be brought within theappropriate time period, or declines to prosecute on the basis ofinadequate office resources, the attorney general shall have authority tocommence prosecutions for violations of sections 191.900 to 191.910. Incases where a defendant pursuant to a common scheme or plan has committedacts which constitute or would constitute violations of sections 191.900 to191.910 in more than one state, the attorney general shall have theauthority to represent the state of Missouri in any plea agreement whichresolves all criminal prosecutions within and without the state, and suchagreement shall be binding on all state prosecutors.
2. In any investigation, hearing or other proceeding pursuant tosections 191.900 to 191.910, any record in the possession or control of ahealth care provider, or in the possession or control of another person onbehalf of a health care provider, including but not limited to any recordrelating to patient care, business or accounting records, payroll recordsand tax records, whether written or in an electronic format, shall be madeavailable by the health care provider to the attorney general or the court,and shall be admissible into evidence, regardless of any statutory orcommon law privilege which such health care provider, record custodian orpatient might otherwise invoke or assert. The provisions of section326.151*, RSMo, shall not apply to actions brought pursuant to sections191.900 to 191.910. The attorney general shall not disclose any recordobtained pursuant to this section, other than in connection with aproceeding instituted or pending in any court or administrative agency.The access, provision, use, and disclosure of records or material subjectto the provisions of 42 U.S.C. Section 290dd-2 shall be subject to saidsection, as may be amended from time to time, and to regulationspromulgated pursuant to said section.
3. No person shall knowingly, with the intent to defraud the medicalassistance program, destroy or conceal such records as are necessary tofully disclose the nature of the health care for which a claim wassubmitted or payment was received under a medical assistance program, orsuch records as are necessary to fully disclose all income and expendituresupon which rates of payment were based under a medical assistance program.Upon submitting a claim for or upon receiving payment for health care undera medical assistance program, a person shall not destroy or conceal anyrecords for five years after the date on which payment was received, ifpayment was received, or for five years after the date on which the claimwas submitted, if payment was not received. Any provider who knowinglydestroys or conceals such records is guilty of a class A misdemeanor.
4. Sections 191.900 to 191.910 shall not be construed to prohibit orlimit any other criminal or civil action against a health care provider forthe violation of any other law. Any complaint, investigation or reportreceived or completed pursuant to sections 198.070 and 198.090, RSMo,subsection 2 of section 205.967, RSMo, sections 375.991 to 375.994, RSMo,section 578.387, RSMo, or sections 660.300 and 660.305, RSMo, whichindicates a violation of sections 191.900 to 191.910, shall be referred tothe attorney general. A referral to the attorney general pursuant to thissubsection shall not preclude the agencies charged with enforcing theforegoing sections from conducting investigations, providing protectiveservices or taking administrative action regarding the complaint,investigation or report referred to the attorney general, as may beprovided by such sections; provided that all material developed by theattorney general in the course of an investigation pursuant to sections191.900 to 191.910 shall not be subject to subpoena, discovery, or otherlegal or administrative process in the course of any such administrativeaction. Sections 191.900 to 191.910 take precedence over the provisions ofsections 198.070 and 198.090, RSMo, subsection 2 of section 205.967, RSMo,sections 375.991 to 375.994, RSMo, section 578.387, RSMo, and sections660.300 and 660.305, RSMo, to the extent such provisions are inconsistentor overlap.
