Utah Code § 63A-13-201 — Utah Code / Title 63A / Chapter 63A-13 / § 63A-13-201
§ 63A-13-201. Creation of office -- Inspector general -- Appointment -- Term.
Status: in_force

(1) There is created within the Department of Government Operations an office known as the "Office of Inspector General of Medicaid Services." (2) The governor shall: (a) appoint the inspector general of Medicaid services with the advice and consent of the Senate; and (b) establish the salary for the inspector general of Medicaid services based upon a recommendation from the Division of Human Resource Management which shall be based on a market salary survey conducted by the Division of Human Resource Management. (3) A person appointed as the inspector general shall have the following qualifications: (a) a general knowledge of the type of methodology and controls necessary to audit, investigate, and identify fraud, waste, and abuse; (b) strong management skills; (c) extensive knowledge of performance, compliance, and financial audit methodology; (d) the ability to oversee and execute an audit; and (e) strong interpersonal skills. (4) The inspector general of Medicaid services: (a) shall serve a term of four years; and (b) may be removed by the governor, for cause. (5) If the inspector general is removed for cause, a new inspector general shall be appointed, with the advice and consent of the Senate, to serve the remainder of the term of the inspector general of Medicaid services who was removed for cause. (6) The Office of Inspector General of Medicaid Services: (a) shall use the legal services of the state attorney general's office; (b) shall submit a budget for the office directly to the Department of Government Operations; (c) except as prohibited by federal law, is subject to: (i) Title 51, Chapter 5, Funds Consolidation Act; (ii) Title 51, Chapter 7, State Money Management Act; (iii) Title 63A, Utah Government Operations Code; (iv) Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (v) Title 63G, Chapter 4, Administrative Procedures Act; (vi) Title 63G, Chapter 6a, Utah Procurement Code; (vii) Title 63J, Chapter 1, Budgetary Procedures Act; (viii) Title 63J, Chapter 2, Revenue Procedures and Control Act; (ix) Chapter 17, Utah State Personnel Management Act; (x) Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act; (xi) Title 52, Chapter 4, Open and Public Meetings Act; (xii) Title 63G, Chapter 2, Government Records Access and Management Act; and (xiii) coverage under the Risk Management Fund created under Section 63A-4-201; (d) when requested, shall provide reports to the governor, the president of the Senate, or the speaker of the House of Representatives; (e) shall regularly provide the legislative auditor general updates on the office's audit activities authorized under Subsections 63A-13-202(1)(h) and (2); and (f) shall adopt administrative rules to establish policies for employees that are substantially similar to the administrative rules adopted by the Division of Human Resource Management. (7) (a) The executive director shall establish operational performance metrics for the office, including metrics for: (i) key performance indicators to evaluate the office's overall performance; (ii) financial recoveries; (iii) office return on investment; (iv) reporting practices and data presentation; (v) stakeholder communication; and (vi) employee performance. (b) The executive director shall report on the office's performance based on the metrics established under this Subsection (7): (i) upon request, to the Health and Human Services Interim Committee and Social Services Appropriations Subcommittee; and (ii) at least annually and more frequently upon request to the advisory board. (8) (a) The executive director shall establish a process for an employee of the office to report the employee's concerns related to: (i) the performance metrics established under Subsection (7); and (ii) other concerns related to the office's duties. (b) The process the executive director establishes under Subsection (8)(a) shall provide for an employee or member of the public to report concerns anonymously. (c) The executive director shall: (i) respond to an employee's concern reported in accordance with the process established under this Subsection (8) as soon as reasonably possible; and (ii) submit a written report of the concerns reported according to the process established under this Subsection (8) to the advisory board at each meeting of the advisory board, including any actions the executive director has taken to address each concern. (d) The executive director or the inspector general may not take retaliatory action against an employee that reports in good faith a concern in accordance with the process established under this Subsection (8).