SUBPART D. FRAUD AND ABUSE DETECTION AND PREVENTION

§440.1. Medical Assistance Programs Fraud Detection Fund

            A. The Medical Assistance Programs Fraud Detection Fund, hereafter referred to as the "fund", is created in the state treasury as a special fund. The monies in the fund shall be invested by the state treasurer in the same manner as monies in the state general fund and interest earned on the investment of monies in the fund shall be credited to the fund. All unexpended and unencumbered monies in the fund at the end of each fiscal year shall remain in the fund.

            B. After compliance with the requirements of Article VII, Section 9(B) of the Constitution of Louisiana relative to the Bond Security and Redemption Fund, and prior to monies being placed in the state general fund, all monies received by any state entity related to a recovery, fine, or penalty pertaining to the medical assistance programs, including all monetary sanctions assessed against providers and managed care organizations, after accounting for any federal share, and excluding any third party liability and estate recoveries as defined by federal regulation, shall be deposited into the fund.

            C. After allocation of an amount sufficient to fully fund the Medicaid fraud control unit within the office of the attorney general, the remaining monies in the fund shall be allocated as follows:

            (1) Fifty percent to the Medicaid fraud control unit within the office of the attorney general.

            (2) Fifty percent to the Louisiana Department of Health program integrity section.

            D. The balance of the fund shall not exceed twenty million dollars. Any monies collected pursuant to Subsection B of this Section in excess of the twenty million dollar fund balance shall be used to fund the medical assistance programs.

            E. The monies in the fund shall be used to fund the Medicaid fraud control unit within the office of the attorney general and the Louisiana Department of Health program integrity section. The monies in the fund shall not be used to replace, displace, or supplant state general funds appropriated for the daily operation of the Louisiana Department of Health, the office of the attorney general, or the medical assistance programs.

            Acts 1997, No. 1373, §1; Acts 2008, No. 712, §1, eff. July 1, 2009; Acts 2017, No. 420, §1; Acts 2025, No. 401, §1, eff. July 1, 2025.

            NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.