§ 46:440.1 — Medical Assistance Programs Fraud Detection Fund

Louisiana § 46:440.1

• Jurisdiction: Louisiana
• Title 46: Public Welfare and Assistance

Text

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

Legislative History

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.