Section 14043.38

(a)

Provider types are designated as limited, moderate, or high categorical risk by the federal government in Section 424.518 of Title 42 of the Code of Federal Regulations. The department shall, at minimum, utilize the federal regulations in determining a providers or applicants categorical risk.

(b)

In accordance with Section 455.450 of Title 42 of the Code of Federal Regulations, the department shall designate a provider or applicant as a high categorical risk if any of the following occur:

(1)

The department imposes a payment suspension based on a credible allegation of fraud, waste, or abuse.

(2)

The provider or applicant has an existing Medicaid overpayment based on fraud, waste, or abuse.

(3)

The provider or applicant has been excluded by the federal Office of the Inspector General or another states Medicaid program within the previous 10 years.

(4)

The department or the federal Centers for Medicare and Medicaid Services lifted a temporary moratorium within the previous six months for the particular provider type submitting the application, the applicant would have been prevented from enrolling based on that previous moratorium, and the applicant applies for enrollment as a provider at any time within six months from the date the moratorium was lifted.

(c)

If the department designates a provider or applicant as a high categorical risk, the department or its designee shall do both of the following:

(1)

Conduct a criminal background check of the following persons:

(A)

The provider or applicant. If the provider or applicant is a nonprofit Drug Medi-Cal provider or applicant, the officers and executive director of the provider or applicant.

(B)

Any person with a 5-percent or greater direct or indirect ownership interest in the provider or applicant.

(2)

Require the following persons to submit a set of fingerprints within 30 days of the departments request, in a manner determined by the department:

(A)

The provider or applicant. If the provider or applicant is a nonprofit Drug Medi-Cal provider or applicant, the officers and executive director of the provider or applicant.

(B)

Any person with a 5-percent or greater direct or indirect ownership interest in the provider or applicant.

(d)

(1)The department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of Medi-Cal providers or applicants determined to be a high categorical risk pursuant to subdivision (a), and any person with a 5-percent or greater direct or indirect ownership interest in those providers and applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal convictions and state or federal arrests and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal.

(2)

When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.

(3)

The Department of Justice shall provide a state or federal level response to the department pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.

(4)

The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in paragraph (1).

(5)

The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section. That fee shall be paid by the subject of the criminal background check.

(e)

For persons subject to the requirements of subdivision (a) of Section 15660, the procedure for obtaining and submitting fingerprints and notification by the Department of Justice of criminal record information set forth in subdivision (c) of Section 15660 shall apply instead of the procedure set forth in subdivision (d).

Location: https://www.weblaws.org/california/codes/ca_welf_and_inst_code_section_14043.38.

Original source: https://­leginfo.­legislature.­ca.­gov/­faces/­codes_displaySection.­xhtml?lawCode=WIC&sectionNum=14043.­38.­ External link icon (last accessed December 5, 2016).