205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition against employer discrimination or retaliation. - Kentucky Statutes

Download pdf

Loading PDF...

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