Bill Text: NJ A5478 | 2018-2019 | Regular Session | Introduced


Bill Title: Requires repayment of improperly received Medicaid and NJ FamilyCare benefits by parties to certain settlement agreements.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2019-06-06 - Introduced, Referred to Assembly Human Services Committee [A5478 Detail]

Download: New_Jersey-2018-A5478-Introduced.html

ASSEMBLY, No. 5478

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED JUNE 6, 2019

 


 

Sponsored by:

Assemblywoman  JOANN DOWNEY

District 11 (Monmouth)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

 

 

 

 

SYNOPSIS

     Requires repayment of certain improperly received Medicaid and NJ FamilyCare benefits by parties to certain settlement agreements.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the Office of the State Comptroller and the New Jersey Medicaid and NJ FamilyCare programs, supplementing P.L.2007, c.52 (C.52:15C-1 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding any law, rule, regulation, or order to the contrary, any voluntary disclosure program that is operated or enforced by the Office of the State Comptroller shall, as a condition of any settlement agreement that is executed, require a party to repay the full amount of any unjustly acquired funds received by the party and within the scope of the settlement agreement.

     b.  As used herein:

     "Unjustly acquired funds" means money or other benefit that is mistakenly or intentionally acquired by an individual or entity pursuant to participation in the New Jersey Medicaid program established pursuant to the "New Jersey Medical Assistance and Health Services Act," P.L.1968, c.413 (C.30:4D-1 et seq.), or the NJ FamilyCare program established pursuant to the "Family Health Care Coverage Act," P.L.2005, c.156 (C.30:4J-8 et al.).

     "Voluntary disclosure program" means a program that permits an individual or entity to enter into a settlement agreement that provides, among other things, for the repayment by that individual or entity of unjustly acquired funds and for the Office of the Comptroller's agreement not to undertake, advance, or refer the matter for civil enforcement action or criminal prosecution.

 

     2.    This act shall take effect immediately and apply to settlement agreements executed on or after the date of enactment.

 

 

STATEMENT

 

     This bill requires, as a condition of any settlement agreement resulting from a voluntary disclosure program operated or enforced by the Office of the State Comptroller, that the person or entity reimburse the full amount of money or other benefit improperly received by the person or entity through participation in the New Jersey Medicaid or NJ FamilyCare programs.

     The Office of the State Comptroller conducts investigations and audits of public benefit programs, and may operate voluntary disclosure programs that permit a person or entity to enter into a settlement agreement in which the person or entity agrees to repay the benefits that were improperly or illegally acquired.  In return for compliance with the terms of the settlement agreement by the person or entity, the Office of the State Comptroller agrees to not refer the matter for civil enforcement action or criminal prosecution, as applicable.

     This type of program is not an amnesty because, among other reasons, the person or entity may remain exposed to other criminal or civil actions or penalties. This type of program does, however, afford a means by which improperly acquired public funds can be returned. The bill would apply to settlement agreements executed on or after the bill's enactment.

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