9-7-1 Legislative purpose and findings; powers and duties of fraud control unit; transfer to the Office of the Attorney General; legislative report
9-7-2 Definitions
9-7-3 Investigations; procedure
9-7-3a Agency lawyers assisting prosecutors
9-7-4 Applications for medical assistance; false statements or representations; criminal penalties
9-7-5 Bribery; false claims; conspiracy; criminal penalties; failure to maintain records
9-7-5a Venue for criminal offenses
9-7-6 Civil remedies; statute of limitations
9-7-6a Liability of employees of the Department of Health and Human Resources; Office of the Attorney General
9-7-7 Licensing of vehicles for use by the Medicaid fraud control unit
9-7-8 Remedies and penalties not exclusive
9-7-9 Severability
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Terms Used In West Virginia Code > Chapter 9 > Article 7 - Fraud and Abuse in the Medicaid Program

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means the three classes of assistance, namely: Federal-state assistance, federal assistance and state assistance. See West Virginia Code 9-1-2
  • Department: means the state division of human services: Provided, That beginning January 1, 2024, "department" means the Department of Human Services. See West Virginia Code 9-1-2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Fraud: Intentional deception resulting in injury to another.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, "secretary" means the secretary of the Department of Human Services. See West Virginia Code 9-1-2
  • Services: means nursing facility services, home and community-based services, and related hospital and prescription drug services for which an individual received Medicaid medical assistance. See West Virginia Code 9-1-2
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.