reglab/housing_qa huggingface dataset:
LA Rev Stat § 46:437.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§437.9. Privilege; nondischargeability

RS 437.9 - Privilege; nondischargeability A. Recovery shall be granted a privilege under state law as to all property owned by the health care provider or other person from whom recovery is due and shall be effective as to third parties only if notice of pendency, lis pendens, is placed on the property , if recorded and reinscribed in accordance with Civil Code Articles 3320 through 3327, or if the conditions of Subsection C of this Section are applicable. B. As to the property owned by the health provider, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest possessed by the health care provider, his agent, or his managing employee except the first mortgage executed upon the property. C. If property is transferred to a third party to avoid paying of recovery, or in an attempt to protect the property from forfeiture, the privilege provided in Subsection A of this Section shall rank ahead of any other privilege, mortgage, or secured interest on the transferred property obtained or possessed by the person who obtains an ownership interest in the transferred property. D. Recovery for a violation of R.S. 46:438.2 or R.S. 46:438.3 shall be considered a nondischargeable liability under the provisions of Title 11, U.S.C. Chapters 7, 11, and 13. Acts 1997, No. 1373, §1.
LA Rev Stat § 46:437.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§437.10. Continuing liability; assumption of liability

RS 437.10 - Continuing liability; assumption of liability A. A health care provider or person from whom recovery is due shall remain liable for the recovery regardless of any sale, merger, consolidation, dissolution, or other disposition of the health care provider or person, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337. B. Any person who obtains an ownership interest, whether by sale, merger, consolidation, or other disposition, in a health care provider or other person from whom recovery is due shall assume the liability and be responsible for paying the amount of any outstanding recovery. Such person shall remain liable, provided the obligation is recorded and reinscribed in accordance with Civil Code Articles 3320 through 3337. Acts 1997, No. 1373, §1.
LA Rev Stat § 46:437.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§437.11. Provider agreements

RS 437.11 - Provider agreements A. The department shall make payments from medical assistance programs funds for goods, services, or supplies rendered to recipients to any person who has a provider agreement in effect with the department, who is complying with all federal and state laws and rules pertaining to the medical assistance programs, and who agrees that no person shall be subjected to discrimination under the medical assistance programs because of race, creed, ethnic origin, sex, age, or physical condition. B. Each provider agreement shall require the health care provider to comply fully with all federal and state laws and rules pertaining to the medical assistance programs, to licensure, if required, and the practice of medicine, osteopathy, surgery, and midwifery. The provider agreement shall require the health care provider to provide goods, services, or supplies only if medically necessary and that are within the scope and quality of standard care. C. Each provider agreement shall be a voluntary contract between the department and the health care provider in which the health care provider agrees to comply with federal and state laws and rules pertaining to the medical assistance programs when furnishing goods, services, or supplies to a recipient and the department agrees to pay a sum, determined by fee schedule, payment methodology, or other method, for the goods, services, or supplies provided to the recipient. However, a provider agreement shall not be construed to be a contract for the purposes of R.S. 42:1113(D). D.(1) Unless the provider agreement is terminated by the secretary for cause as provided in Paragraph (2) of this Subsection, a health care provider agreement shall be effective for a stipulated period of time, shall be terminable by either party thirty days after receipt of written notice, and shall be renewable by mutual agreement. (2) The secretary may terminate a provider agreement immediately and without written notice if a health care provider is the subject of a sanction or of a criminal, civil, or departmental proceeding. E. Each health care provider who has a provider agreement with the department shall receive at least one provider number but may receive more than one provider number. Acts 1997, No. 1142, §2.
LA Rev Stat § 46:438.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§438.1. Civil actions authorized

RS 438.1 - Civil actions authorized A. The secretary or the attorney general may institute a civil action in the courts of this state to seek recovery from persons who violate the provisions of this Part. The contract of employment of any private counsel, including fee amounts, and all final fees and costs, shall be a public record. B. An action to recover costs, expenses, fees, and attorney fees shall be ancillary to, and shall be brought and heard in the same court as, the civil action brought under the provision of Subsection A of this Section. C.(1) A prevailing defendant may seek recovery for costs, expenses, fees, and attorney fees only if the court finds, following a contradictory hearing, that either of the following apply: (a) The action was instituted by the secretary or attorney general pursuant to Subsection A of this Section after it should have been determined by the secretary or attorney general to be frivolous, vexatious, or brought primarily for the purpose of harassment. (b) The secretary or attorney general proceeded with the action instituted pursuant to Subsection A of this Section after it should have been determined by the secretary or attorney general that proceeding would be frivolous, vexatious, or for the purpose of harassment. (2) Recovery awarded to a prevailing defendant shall be awarded only for those reasonable, necessary, and proper costs, expenses, fees, and attorney fees actually incurred by the prevailing defendant. D. An action to recover costs, expenses, fees, and attorney fees may be brought no later than sixty days after the rendering of judgment by the district court, unless the district court decision is appealed. If the district court decision is appealed, such action may be brought no later than sixty days after the rendering of the final opinion on appeal by the court of appeal or, if applicable, by the supreme court. Acts 1997, No. 1373, §1; Acts 2014, No. 711, §1.
LA Rev Stat § 46:438.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§438.3. False or fraudulent claim; misrepresentation

RS 438.3 - False or fraudulent claim; misrepresentation A. No person shall knowingly present or cause to be presented a false or fraudulent claim. B. No person shall knowingly engage in misrepresentation or make, use, or cause to be made or used, a false record or statement material to a false or fraudulent claim. C. No person shall knowingly make, use, or cause to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the medical assistance programs, or to knowingly conceal, avoid, or decrease an obligation to pay or transmit money or property to the medical assistance programs. D. No person shall conspire to defraud, or attempt to defraud, the medical assistance programs through misrepresentation or by obtaining, or attempting to obtain, payment for a false or fraudulent claim. E.(1) No person shall knowingly submit a claim for goods, services, or supplies which were medically unnecessary or which were of substandard quality or quantity. (2) If a managed care health care provider or a health care provider operating under a voucher system under the medical assistance programs fails to provide medically necessary goods, services, or supplies or goods, services, or supplies which are of substandard quality or quantity to a recipient, and those goods, services, or supplies are covered under the managed care contract or voucher contract with the medical assistance programs, such failure shall constitute a violation of Paragraph (1) of this Subsection. (3) "Substandard quality" in reference to services applicable to medical care as used in this Subsection shall mean substandard as to the appropriate standard of care as used to determine medical malpractice, including but not limited to the standard of care provided in R.S. 9:2794. F. Each violation of this Section may be treated as a separate violation or may be combined into one violation at the option of the secretary or the attorney general. G. No action shall be brought under this Section unless the amount of alleged actual damages is one thousand dollars or more. H. No action brought pursuant to this Section shall be instituted later than ten years after the date upon which the alleged violation occurred. Acts 1997, No. 1373, §1; Acts 2007, No. 14, §1, eff. June 18, 2007; Acts 2009, No. 426, §1; Acts 2011, No. 185, §1.
LA Rev Stat § 46:438.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§438.4. Illegal acts regarding eligibility and recipient lists

RS 438.4 - Illegal acts regarding eligibility and recipient lists A. No person shall knowingly make, use, or cause to be made or used a false, fictitious, or misleading statement on any form used for the purpose of certifying or qualifying any person for eligibility for the medical assistance programs or to receive any good, service, or supply under the medical assistance programs which that person is not eligible to receive. B. No unauthorized person, or no authorized person for an unauthorized purpose, shall obtain a recipient list, number, name, or any other identifying information, nor shall that person use, possess, or distribute such information. C. An action brought pursuant to the provisions of this Section shall be instituted within one year of when the department knew that the prohibited conduct occurred. Acts 1997, No. 1373, §1.
LA Rev Stat § 46:438.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§438.7. Reduced damages

RS 438.7 - Reduced damages If requested by the secretary or the attorney general, the court may reduce to not less than twice the actual damages or any recovery required to be imposed under the provisions of this Subpart if all of the following extenuating circumstances are found to be applicable: (1) The violator furnished all the information known to him about the specific allegation to the secretary or attorney general no later than thirty days after the violator first obtained the information. (2) The violator cooperated fully with all federal or state investigations concerning the specific allegation. (3) At the time the violator furnished the information concerning the specific allegation to the department or the attorney general, no criminal, civil, or departmental investigation or proceeding had been commenced as to the alleged violation. Acts 1997, No. 1373, §1; Acts 2011, No. 185, §1.
LA Rev Stat § 46:438.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§438.8. Burden of proof; prima facie evidence; standard of review

RS 438.8 - Burden of proof; prima facie evidence; standard of review A. The burden of proof in an action instituted pursuant to this Part shall be on the medical assistance programs and by a preponderance of the evidence, except that the defendant shall carry the burden of proving that goods, services, or supplies were actually provided to an eligible recipient in the quantity and quality submitted on a claim. In all other aspects, the burden of proof shall be as set forth in the Code of Civil Procedure and other applicable laws. B. Proof by a preponderance of the evidence of a false or fraudulent claim or illegal remuneration shall be deemed to exist under the following circumstances: (1) If the defendant has pled guilty to, been convicted of, or entered a nolo contendere plea to a criminal charge in any federal or state court to charges arising out of the same circumstances as would be a violation of this Subpart. (2) If an order has been rendered against a defendant finding the defendant to have violated this Subpart. C.(1) The submission of a certified or true copy of an order, civil judgment, or criminal conviction or plea shall be prima facie evidence of the same. (2) The submission of the bill of information or of the indictment and the minutes of the court shall be prima facie evidence as to the circumstances underlying a criminal conviction or plea. D.(1) In determining whether a pattern of incorrect submissions exists in regard to an alleged false or fraudulent claim, the court shall give consideration as to whether the total amount of the incorrect submissions by a health care provider is material in relation to the total claims submitted by the health care provider. (2) "Material" as used in this Subsection shall have the same meaning as defined by rules and regulation promulgated by the secretary in accordance with the Administrative Procedure Act which incorporate the same definition of "material" as recognized by the American Institute of Certified Public Accountants. Acts 1997, No. 1373, §1.
LA Rev Stat § 46:439.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§439.3. Qui tam action procedures; alternative remedies

RS 439.3 - Qui tam action procedures; alternative remedies Notwithstanding any other provision of this Subpart, the secretary or the attorney general may elect to pursue an administrative or civil action against a qui tam defendant through any alternative remedy available to the secretary or the attorney general. If an alternate remedy is pursued in another proceeding, the person initiating the action shall have the same rights he would have had if the action had continued in accordance with this Subpart. Any finding of fact or conclusion of law made in the other proceeding that has become final shall be conclusive on all parties to an action in accordance with this Subpart. A finding or conclusion is final if it has been finally determined on appeal, if all delays for the filing of an appeal regarding the finding or conclusion have expired, or if the finding or conclusion is not subject to judicial review. Acts 1997, No. 1373, §1; Acts 2009, No. 426, §1.
LA Rev Stat § 46:440.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§440.1. Medical Assistance Programs Fraud Detection Fund

RS 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 the state pursuant to a civil award granted or settlement under the provisions of this Part, except for the amount to make the medical assistance programs whole, shall be deposited into the fund.  C. Fifty percent of the monies collected and deposited into the fund shall be allocated to the Medicaid Fraud Control Unit within the office of the attorney general.  D. Fifty percent of the monies collected and deposited into the fund shall be allocated to the Louisiana Department of Health to be used solely for Medicaid fraud detection and for the purposes specified in Subsection E of this Section.  E. The monies in the fund shall not be used to replace, displace, or supplant state general funds appropriated for the daily operation of the department or the medical assistance programs and may be appropriated by the legislature for the following purposes only:  (1) To pay costs or expenses incurred by the department or the attorney general relative to an action instituted pursuant to this Part.  (2) To enhance fraud and abuse detection and prevention activities related to the medical assistance programs, including the activities of the task force on coordination of Medicaid fraud detection and prevention initiatives established pursuant to Subpart D-1 of this Part.  (3) To pay rewards for information concerning fraud and abuse as provided in Subpart B of this Part.  (4) To provide a source of revenue for the Medical Assistance Program in the event of a change in federal policy which results in an increase in state participation or a shortfall in state general fund due to a decrease in the official forecast, as defined in R.S. 39:2(30), during a fiscal year.  Acts 1997, No. 1373, §1; Acts 2008, No. 712, §1, eff. July 1, 2009; Acts 2017, No. 420, §1.  NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
LA Rev Stat § 46:440.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§440.2. Rewards for fraud and abuse information

RS 440.2 - Rewards for fraud and abuse information  A. The secretary may provide a reward of up to two thousand dollars to an individual who submits information to the secretary which results in recovery pursuant to the provisions of this Part, provided such individual is not himself subject to recovery under this Part.  B. The secretary shall grant rewards only to the extent monies are appropriated for this purpose from the Medical Assistance Programs Fraud Detection Fund. The secretary shall determine the amount of a reward, not to exceed two thousand dollars per individual per action, and establish a process to grant the reward in accordance with rules and regulations promulgated in accordance with the Administrative Procedure Act.  Acts 1997, No. 1373, §1.  NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
LA Rev Stat § 46:440.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§440.3. Whistleblower protection and cause of action

RS 440.3 - Whistleblower protection and cause of action  A. No employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on behalf of the employee in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought. Such an employee may seek any and all relief for his injury to which he is entitled under state or federal law.  B. No individual shall be threatened, harassed, or discriminated against in any manner by a health care provider or other person because of any lawful act engaged in by the individual or on behalf of the individual in furtherance of any action taken pursuant to this Part in regard to a health care provider or other person from whom recovery is or could be sought except that a health care provider may arrange for a recipient to receive goods, services, or supplies from another health care provider if the recipient agrees and the arrangement is approved by the secretary. Such an individual may seek any and all relief for his injury to which he is entitled under state or federal law.  C.(1) An employee of a private entity may bring his action for relief against his employer or the health care provider in the same court as the action or actions were brought pursuant to this Part or as part of an action brought pursuant to this Part.  (2) A person aggrieved of a violation of Subsection A or B of this Section shall be entitled to exemplary damages.  D. A qui tam plaintiff shall not be entitled to recovery pursuant to this Section if the court finds that the qui tam plaintiff instituted or proceeded with an action that was frivolous, vexatious, or harassing.  Acts 1997, No. 1373, §1.  NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
LA Rev Stat § 46:440.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§440.4. Legislative findings; purpose

RS 440.4 - Legislative findings; purpose  A. The legislature hereby finds and declares all of the following:  (1) Cost containment in the medical assistance program operated pursuant to Title XIX of the Social Security Act, referred to hereafter in this Subpart as "Medicaid", is an urgent priority of this state.  (2) It is the policy of this state to combat and prevent fraud and abuse committed by any healthcare provider participating in the Medicaid program and by any other persons including Medicaid enrollees, and to negate the adverse effects of Medicaid fraud and abuse on the fiscal integrity and public health of this state.  B. The purpose of this Subpart is to create an interagency task force to coordinate existing Medicaid fraud detection and prevention efforts and to recommend means for enhancing the efficacy of those efforts.  Acts 2017, No. 420, §1.  NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.
LA Rev Stat § 46:440.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 46 - Public Welfare and Assistance|§440.5. Task force on coordination of Medicaid fraud detection and prevention initiatives; creation; membership

RS 440.5 - Task force on coordination of Medicaid fraud detection and prevention initiatives; creation; membership  A. There is hereby created within the office of the legislative auditor a task force on coordination of Medicaid fraud detection and prevention initiatives, referred to hereafter in this Subpart as the "task force".  B. The task force shall be composed of the following members:  (1) The governor or his designee.  (2) The attorney general or his designee.  (3) The legislative auditor or his designee.  (4) The inspector general or his designee.  (5) One member of the House of Representatives appointed by the speaker of the House of Representatives.  (6) One member of the Senate appointed by the president of the Senate.  (7) The secretary of the Louisiana Department of Health or his designee.  C. The task force shall include the following nonvoting advisory members who, upon request of the task force chairman, shall cooperate with and assist in the efforts of the task force:  (1) One advisory member appointed by the secretary of the Louisiana Department of Health.  (2) One advisory member appointed by the secretary of the Department of Revenue.  (3) One advisory member appointed by the governor who represents the medical field.  (4) One advisory member appointed by the governor who represents the dental field.  D. At the first meeting of the task force, the members of the task force shall select one eligible member to serve as chairman. Any member except a legislator shall be eligible to serve as chairman of the task force.  E.(1) The task force shall adopt rules of procedure and any other policies as may be necessary to facilitate the work of the group.  (2) The task force may form subcommittees for examination of special topics and issues within the overall subject matter of Medicaid fraud detection and prevention.  Acts 2017, No. 420, §1.  NOTE: See R.S. 46:440.8 regarding termination of Subpart on Aug. 1, 2019.