WSR 17-16-025 PERMANENT RULES ATTORNEY GENERAL'S OFFICE [Filed July 21, 2017, 9:21 a.m., effective August 21, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule complies with legislative direction in RCW 74.66.020(5) to, "annually adjust the civil penalties established in subsection (1) of this section so that they are equivalent to the civil penalties provided under the federal false claims act and in accordance with the federal civil penalties inflation adjustment act of 1990" by changing the civil penalties under Washington's Medicaid False Claims Act to reflect inflation adjustments to the federal False Claims Act civil penalties made pursuant to 31 U.S.C. 3729(a), 28 C.F.R. 85.3 (a)(9).
Statutory Authority for Adoption: RCW 74.66.020(5).
Adopted under notice filed as WSR 17-11-087 on May 19, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: July 21, 2017.
Bob Ferguson
Attorney General
Chapter 44-02 WAC
MEDICAID FRAUD FALSE CLAIMS ACT CIVIL PENALTY ADJUSTMENT NEW SECTION
WAC 44-02-010 Washington Medicaid False Claims Act civil penalty adjustment.
Pursuant to RCW 74.66.020(5), the civil penalties under RCW 74.66.020(1) are adjusted for violations that occur after November 2, 2015, from not less than five thousand five hundred dollars and not more than eleven thousand dollars to not less than ten thousand nine hundred fifty-seven dollars and not more than twenty-one thousand nine hundred sixteen dollars, plus three times the amount of damages which the government entity sustains because of the act of that person.
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