EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1002*
HOUSE BILL 1002
J1, P1 4lr2176
By: Chair, Health and Government Operations Committee (By Request – Office of
the Attorney General) and Delegates Boyce, Harris, Lehman, and Taveras
Introduced and read first time: February 5, 2024
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Maryland Department of Health – Office of the Attorney General – Investigative 2
Authority 3
FOR the purpose of authorizing the Office of the Attorney General to subpoena persons or 4
evidence, administer oaths, and take depositions and other testimony to investigate 5
fraud, waste, abuse of Maryland Department of Health funds, or certain behavior in 6
the Department; authorizing the Office to petition a court to compel compliance with 7
a certain order or subpoena or testimony or the production of evidence under certain 8
circumstances; and generally relating to the investigative authority of the Office of 9
the Attorney General. 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 2–503 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
2–503. 19
(a) The Inspector General: 20
(1) May investigate fraud, waste, abuse of departmental funds, and 21
behavior in the Department that threatens public safety or demonstrates negligence, 22
incompetence, or malfeasance; 23
2 HOUSE BILL 1002
(2) Shall cooperate with and coordinate investigative efforts with the 1
Medicaid Fraud [Control] AND VULNERABLE VICTIMS Unit and where a preliminary 2
investigation establishes a sufficient basis to warrant referral, shall refer such matters to 3
the Medicaid Fraud [Control] AND VULNERABLE VICTIMS Unit; and 4
(3) Shall cooperate with and coordinate investigative efforts with 5
departmental programs and other State and federal agencies to ensure a provider is not 6
subject to duplicative audits. 7
(b) (1) The Inspector General [or], a designated Assistant Inspector General, 8
OR THE OFFICE OF THE ATTORNEY GENERAL may subpoena any person or evidence, 9
administer oaths, and take depositions and other testimony for the purpose of investigating 10
fraud, waste, abuse of departmental funds, or behavior in the Department that threatens 11
public safety or demonstrates negligence, incompetence, or malfeasance. 12
(2) If a person fails to comply with a lawful order or subpoena issued under 13
this subsection, on petition of the Inspector General [or], a designated Assistant Inspector 14
General, OR THE OFFICE OF THE ATTORNEY GENERAL, a court of competent 15
jurisdiction may compel: 16
(i) Compliance with the order or subpoena; or 17
(ii) Testimony or the production of evidence. 18
(c) Within 30 business days after receiving a complaint or allegation, the 19
Inspector General, the Compliance Officer, or a designated Assistant Inspector General 20
shall respond to the individual who filed the complaint or allegation with: 21
(1) A preliminary indication of whether the Office of the Inspector General 22
is able to investigate the complaint or allegation; and 23
(2) If the Office of the Inspector General is unable to investigate the 24
complaint or allegation: 25
(i) The reason for not being able to investigate, unless providing the 26
reason would have a negative impact on or jeopardize an investigation being conducted by 27
the Office of the Inspector General, a managed care organization, another unit of 28
government, or law enforcement; and 29
(ii) The contact information for the Office of Legislative Audits 30
Fraud Hotline. 31
SECTION 2. AND BE IT FURTHER ENACTED, That this A ct shall take effect 32
October 1, 2024. 33