Bill Summary for H 1074 (2011-2012)

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Bill: STOP WASTE, FRAUD, AND ABUSE IN GOVT. ACT.

Summary date: 

Jun 27 2012
S.L. 2012-185

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 1074 (Public) Filed Tuesday, May 22, 2012
TO MAKE CHANGES TO THE STATUTES GOVERNING THE TEACHERS’ AND STATE EMPLOYEES’ RETIREMENT SYSTEM, THE LOCAL GOVERNMENTAL EMPLOYEES RETIREMENT SYSTEM, AND THE DISABILITY INCOME PLAN OF NORTH CAROLINA TO ENHANCE THE OPERATION OF THE MEDICAL BOARD; TO ESTABLISH GUIDELINES FOR FRAUD INVESTIGATIONS THAT WILL ENHANCE THE DEPARTMENT OF STATE TREASURER’S CAPABILITY TO PREVENT AND DETECT FRAUD, WASTE, AND ABUSE; TO CREATE A REBUTTABLE PRESUMPTION OF FRAUD IN THE AVERAGE FINAL COMPENSATION CALCULATION; AND TO MAKE IT A CLASS 1 MISDEMEANOR TO FRAUDULENTLY RECEIVE THE RETIREMENT BENEFIT OF A DECEASED DISABILITY RETIREE AT LEAST TWO MONTHS AFTER THE RETIREE’S DEATH.
Intro. by Moffitt.

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Bill summary

Senate committee substitute makes the following changes to 3rd edition.
Amends GS 128-21 and 135-1 to add definitions for the term authorized representatives who are assisting the Retirement Systems Division staff (authorized representatives) to identify those persons who can gain access to information in a fraud investigation. Makes conforming changes to provide that an independent review or examination in a fraud investigation may be conducted by Retirement Systems Division staff or authorized representatives.
Amends new subsection (r) of GS 128-28 and new subsection (q) of GS 135-6 to add language relating to the treatment of social and medical services records in connection with a fraud investigation. Directs providers of social and medical services to make copies of their records available to the Retirement Systems Division or its authorized representatives upon receiving a written request for the information. Permits the provider to charge a reasonable fee as provided by GS 90-411.
Makes technical changes.