HF 3047

as introduced - 86th Legislature (2009 - 2010) Posted on 02/17/2010 04:17pm

A bill for an act
relating to human services; modifying the commissioner's duties; creating an
Office of Health Care Inspector General; amending Minnesota Statutes 2008,
section 256.01, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 256.01, is amended by adding a
subdivision to read:

new text begin Subd. 30. new text end

new text begin Office of Health Care Inspector General. new text end

new text begin (a) The commissioner shall
create within the Department of Human Services an Office of Health Care Inspector
General to enhance antifraud activities and to protect the integrity of the state health care
programs, as well as the health and welfare of the beneficiaries of those programs. The
Office of Health Care Inspector General must periodically report to the commissioner and
to the legislature program and management problems and recommendations to correct
them.
new text end

new text begin (b) The duties of the Office of Health Care Inspector General include, but are not
limited to:
new text end

new text begin (1) promoting economy, efficiency, and effectiveness through the elimination of
waste, fraud, and abuse;
new text end

new text begin (2) conducting and supervising audits, investigations, inspections, and evaluations
relating to the state health care programs under chapters 256B, 256D, and 256L;
new text end

new text begin (3) identifying weaknesses giving rise to opportunities for fraud and abuse in the
state health care programs and operations and making recommendations to prevent their
recurrence;
new text end

new text begin (4) leading and coordinating activities to prevent and detect fraud and abuse in the
state health care programs and operations;
new text end

new text begin (5) detecting wrongdoers and abusers of the state health care programs and
beneficiaries so appropriate remedies may be brought to bear;
new text end

new text begin (6) keeping the commissioner and the legislature fully and currently informed about
problems and deficiencies in the administration of the state health care programs and
operations and about the need for and progress of corrective action;
new text end

new text begin (7) operating a toll-free hotline to permit individuals to call in suspected fraud,
waste, or abuse, referring the calls for appropriate action by the agency, and analyzing the
calls to identify trends and patterns of fraud and abuse needing attention;
new text end

new text begin (8) developing and reviewing legislative, regulatory, and program proposals to
reduce vulnerabilities to fraud, waste, and mismanagement; and
new text end

new text begin (9) recommending changes in program policies, regulations, and laws to improve
efficiency and effectiveness, and to prevent fraud, waste, abuse, and mismanagement.
new text end

new text begin (c) Beginning July 1, 2011, the commissioner, in consultation with the Office of
Health Care Inspector General, shall annually report to the legislature and the governor
new results from the two ongoing federal Medicaid audits. The commissioner shall report
(1) the most recent Medicaid Integrity Program (MIP) audit results, with any corrective
actions needed, and (2) certify the rate of errors determined for the state health care
programs under chapters 256B, 256D, and 256L, as determined from the most recent
Payment Error Rate Measurement (PERM) audit results for Minnesota. When the PERM
audit rate for Minnesota is greater than the national rate for the year or the MIP audit
determines the need for corrective action, the commissioner shall present a plan to the
legislature and the governor for the corrective actions and reduction of the error rate
in the next calendar year.
new text end