A. The attorney general, the district attorneys, the unit and the department have the power and authority to investigate violations of the Medicaid Fraud Act and bring actions to enforce the civil remedies established in the Medicaid Fraud Act.
B. The attorney general, the district attorneys and those attorneys who are employees of the unit to whom the attorney general or a district attorney has, by appointment made through a joint powers agreement or other agreement for that purpose, delegated criminal prosecutorial responsibility, shall have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act and for criminal offenses that are not defined in the Medicaid Fraud Act, but that involve or are directly related to the use of medicaid program funds or services provided through medicaid programs.
History: Laws 1989, ch. 286, § 3; 1991, ch. 79, § 1.
The 1991 amendment, effective June 14, 1991, rewrote Subsection B which read "The attorney general, the district attorneys and those persons in the unit who have criminal prosecutorial authority under general law have the power and authority to prosecute persons for the violation of criminal provisions of the Medicaid Fraud Act."
Structure 2021 New Mexico Statutes
Chapter 30 - Criminal Offenses
Section 30-44-1 - Short title.
Section 30-44-2 - Definitions.
Section 30-44-3 - Power to investigate and enforce civil remedies and prosecute criminal actions.
Section 30-44-4 - Falsification of documents; defined; penalties.
Section 30-44-5 - Failure to retain records; defined; penalties.
Section 30-44-6 - Obstruction of investigation; defined; penalty.
Section 30-44-7 - Medicaid fraud; defined; investigation; penalties.
Section 30-44-8 - Civil penalties; created; enumerated; presumption; limitation of action.