Eligibility for Medicaid reimbursement – Failure to report statutory rape.

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A. No provider shall be eligible for reimbursement through Medicaid or any other federal or state program, directly or by subcontract with any other party, if:

1. That provider, or any affiliate of that provider, has been found by a court of law, either civilly or criminally, to have failed to report statutory rape as part of mandatory potential child abuse reporting laws applicable to the medical provider, when that provider, or the affiliate of that provider, provides services relating to pregnancy or termination of pregnancy to that minor female for compensation; or

2. The entity or an affiliate of the entity failed to report statutory rape of a patient as child abuse as required by law, where the abuser was later convicted of abusing that patient, whether or not the entity or an affiliate of the entity was itself adjudicated of failing to report statutory rape.

B. Any provider found to be ineligible for reimbursement under this section shall be able to reapply after a period of five (5) years and a showing that procedures have been put in place to provide for reporting to appropriate law enforcement authorities.

Added by Laws 2019, c. 239, § 3, eff. Nov. 1, 2019.


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