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NEW MEXICO STATUTES AND CODES

Section 30-44-3 - Power to investigate and enforce civil remedies and prosecute criminal actions.

30-44-3. Power to investigate and enforce civil remedies and prosecute criminal actions.

A.     The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act [30-44-1 NMSA 1978] and bring actions to enforce the civil remedies established in the Medicaid Fraud Act.   

B.     The attorney general, the district attorneys and those attorneys who are employees of the unit to whom the attorney general or a district attorney has, by appointment made through a joint powers agreement or other agreement for that purpose, delegated criminal prosecutorial responsibility, shall have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act and for criminal offenses that are not defined in the Medicaid Fraud Act, but that involve or are directly related to the use of medicaid program funds or services provided through medicaid programs.   

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