ND SB2114

Providers and their affiliates are liable for up to 25 percent of erroneous payments induced by fraud or abuse under Medicaid provider agreements with the Department of Human Services

Providers and their affiliates are liable for up to $5,000 for each act of fraud or abuse that does not result in an erroneous payment

Providers and their affiliates assessed civil sanctions must reimburse the department for investigation fees, costs, and expenses, with interest accruing at the legal rate beginning 30 days after written notice

Providers may request review of sanctions within 30 days but cannot appeal termination or suspension sanctions based on failure to meet licensure standards or prior similar Medicare or Medicaid sanctions

The department must issue final decisions within 75 days, and providers may appeal to district court and ultimately to the Supreme Court; determinations of medical necessity cannot trigger these sanctions