Senator's bills championed by OVR

ANCHORAGE -- The fledgling Office of Victims' Rights supported three pieces of legislation during the recently concluded session, two of which were introduced by Sen. Lyda Green, R-Wasilla.

The first, SB 41, required the commissioner of the Department of Health and Social Services to make annual statewide audits of Medicaid providers and initiate action to recover any overpayments that occurred. When signed into law by Gov. Frank Murkowski on June 11, it marked the first time Alaska prosecutors and Medicaid investigators had specific health care crime statutes to work with.

Billing violations, according to the OVR, have helped push up overall health care costs.

"One reason for the rapid escalation … is theft by unscrupulous Medicaid providers who can cheat Alaska's Medicaid program through fraudulent or inflated billings," according to a review of the legislation by OVR. "When limited money earmarked for sick and needy patients is diverted from the Medicaid program due to theft, the public is victimized because the suffering of those patients is unnecessarily prolonged and critical medical services are curtailed due to lack of funds.

"Those who commit such crimes are intelligent, well educated and able to afford the best criminal defense. Health care practitioners work in specialized areas of medicine and are usually no match for most police officers or prosecutors."

Green's bill helps level the playing field, OVR contended in its review.

The second bill introduced by Green that gained OVR support involved the Legislative Budget and Audit Committee. All state officials and state agencies are required to give "full cooperation to the committee or its staff in assembling and furnishing requested information," according to state statutes.

However, the law has been unenforceable because there were no penalties to levy against those who didn't comply.

Green's SB 45 amended criminal code to make it a violation punishable with a fine of up to $5,000 for anyone who obstructs the committee's work. The bill also was signed by Murkowski on June 11.

Enactment of the bills "has significantly advanced the interests and well being of crime victims throughout Alaska," according to the OVR.