(1)The executive director of the
state department, or district attorneys may request and shall receive from
departments, boards, bureaus, or other agencies of the state or any of its political
subdivisions, and the same are authorized to provide, such assistance and data as
will enable the state department and county departments properly to carry out
their powers and duties to locate and prosecute any person who has fraudulently
obtained medical assistance under this title. Any records established pursuant to
the provisions of this section shall be available only to the state department, the
department of human services, the county departments, the attorney general, and
the district attorneys, county attorneys, and courts having jurisdiction in fraud or
recovery proceedings or a
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(1) The executive director of the
state department, or district attorneys may request and shall receive from
departments, boards, bureaus, or other agencies of the state or any of its political
subdivisions, and the same are authorized to provide, such assistance and data as
will enable the state department and county departments properly to carry out
their powers and duties to locate and prosecute any person who has fraudulently
obtained medical assistance under this title. Any records established pursuant to
the provisions of this section shall be available only to the state department, the
department of human services, the county departments, the attorney general, and
the district attorneys, county attorneys, and courts having jurisdiction in fraud or
recovery proceedings or actions.
(2) (a) All departments and agencies of the state and local governments
shall cooperate in the location and prosecution of any person who has fraudulently
obtained medical assistance under this title, and, on request of the county board,
the county director, the state department, or the district attorney of any judicial
district in this state, shall supply all information on hand relative to the location,
employment, income, and property of such persons, notwithstanding any other
provision of law making such information confidential, except the laws pertaining to
confidentiality of any tax returns filed pursuant to law with the department of
revenue. The department of revenue shall furnish at no cost to inquiring
departments and agencies such information as may be necessary to effectuate the
purposes of this article. The procedures whereby this information will be requested
and provided shall be established by rule of the state department. The state
department or county departments shall use such information only for the purposes
of administering medical assistance under this title, and the district attorney shall
use it only for the prosecution of persons who have fraudulently obtained medical
assistance under this title, and shall not use the information, or disclose it, for any
other purpose.
(b) (I) Whenever the state department, or a district attorney for the state
department, or the state department on behalf of a county department, recovers
any amount of fraudulently obtained medical assistance funds, the federal
government shall be entitled to a share proportionate to the amount of federal
funds paid unless a different amount is otherwise provided by federal law, the state
shall be entitled to a share proportionate to the amount of state funds paid and
such additional amounts of federal funds recovered as provided by federal law, and
the county department shall be entitled to a share proportionate to the amount of
county funds paid unless a different amount is provided pursuant to federal law or
this section.
(II) (A) Whenever a county department, a county board, a district attorney, or
a state department on behalf of a county department recovers any amount of
fraudulently obtained public assistance funds in the form of assistance payments, it
shall be deposited in the county social services fund, and the federal government is
entitled to a share proportionate to the amount of federal funds paid, unless a
different amount is provided for by federal law, the state is entitled to a share
proportionate to one-half the amount of state funds paid, and the county is entitled
to a share proportionate to the amount of county funds paid and, in addition, a share
proportionate to one-half the amount of state funds paid.
(B) Whenever a county department, a county board, a district attorney, or a
state department on behalf of a county department recovers any amount of
fraudulently obtained medical assistance, it shall be deposited in the county social
services fund, and the federal government is entitled to a share proportionate to
the amount of federal funds paid, unless a different amount is provided for by
federal law, and the county is entitled to the remaining funds.
(3) Whenever a county department, a county board, a district attorney, or the
state department on behalf of the county recovers any amount of medical
assistance payments that were obtained through unintentional member error, the
federal government is entitled to a share proportionate to the amount of federal
funds paid, unless a different amount is provided for by federal law; the state is
entitled to a share proportionate to seventy-five percent of the amount of state
funds paid; and the county is entitled to a share proportionate to the amount of
county funds paid, if any, and, in addition, a share proportionate to twenty-five
percent of the amount of state funds paid.
(4) Actual costs and expenses incurred by the district attorney's office in
carrying out the provisions of subsection (2) of this section shall be billed to
counties or a county within the judicial district in the proportions specified in
section 20-1-302, C.R.S. Each county shall make an annual accounting to the state
department on all amounts recovered.