205.8465 Mandatory reporting of violations -- Confidentiality -- Prohibition

415 words·~2 min read·/ky/205-8465

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 Office of Medicaid Fraud and Abuse Control in

the Office of the Attorney General, 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 Office of Medicaid Fraud and Abuse Control 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 Office of Medicaid Fraud and Abuse Control in 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.