Ky. Rev. Stat. » Chapter 205

Ky. Rev. Stat. § 205.8465

Mandatory reporting of violations -- Confidentiality -- Prohibition

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against employer discrimination or retaliation. (1) Any person who knows or has reasonable cause to believe that a violation of this chapter has been or is being committed by any person, corporation, or entity, shall report or cause to be reported to the Office of Medicaid Fraud and Abuse Control in the Office of the Attorney General, or the Medicaid Fraud and Abuse hotline, the following information, if known: (a) The name and address of the offender; (b) The offender's place of employment; (c) The nature and extent of the violation; (d) The identity of the complainant; and (e) Any other information that the receiving person reasonably believes might be helpful in investigation of the alleged fraud, abuse, or misappropriation. The Office of Medicaid Fraud and Abuse Control shall periodically publicize the provisions of this subsection. (2) The identity of any person making a report under this section shall be considered confidential by the receiving party. Any person making a report under this section regarding the offenses of another shall not be liable in any civil or criminal action based on the report if it was made in good faith. (3) No employer shall, without just cause, discharge or in any manner discriminate or retaliate against any person who in good faith makes a report required or permitted by KRS 205.8451 to 205.8483, testifies, or is about to testify, in any proceeding with regard to any report or investigation. Any individual injured by any act in violation of the provisions of this subsection shall have a civil cause of action in Circuit Court to enjoin further violations, and to recover the actual damages sustained, together with the costs of the lawsuit, including a reasonable fee for the individual's attorney of record. (4) No employee of the state Office of Medicaid Fraud and Abuse Control in the Office of the Attorney General, the Office of the Inspector General, or the Cabinet for Health and Family Services shall notify the alleged offender of the identity of the person who in good faith makes a report required or permitted by KRS 205.8451 to 205.8483 nor shall the employee notify the alleged offender that a report has been made alleging a violation of KRS 205.8451 to 205.8483 until such time as civil or criminal proceedings have been initiated or a formal investigation has been initiated. Any information or report concerning an alleged offender shall be considered confidential in accordance with the Kentucky Open Records Law, KRS 61.870 to 61.884. Effective: April 5, 2024 History: Amended 2024 Ky. Acts ch. 112, sec. 9, effective April 5, 2024. -- Amended 2005 Ky. Acts ch. 99, sec. 280, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 227, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 96, sec. 8, effective July 15, 1994; and ch. 316, sec. 8, effective July 15, 1994.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2007–2023 · leading case: Follett v. Gateway Regional Health System, Inc.
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Follett v. Gateway Regional Health System, Inc. (2007) kyctapp · cites it 6× “Next, Follett relies upon KRS 205.8465 as a basis for her wrongful discharge claim.”
Miracle v. Bell County Emergency Medical Services (2007) kyctapp “Further, KRS 205.8465 prohibits an employer’s discharge, discrimination or retaliation against an employee who in good faith reports Medicaid fraud or abuse to the state’s Medicaid Fraud Control Unit or hotline.”
Mitchell v. Coldstream Laboratories, Inc. (2010) kyctapp “990) and when she advised her staff to report suspicious billing irregularities to Medicaid or to the hospital’s corporate compliance officer (pursuant to the specific provisions of KRS 205.8465). We also concluded that genuine issues of material fact remained as to whether…”
William Winchester v. The Salvation Army, a Georgia Corporation (2023) kyctapp · cites it 2× “A further genuine question existed as to whether Follett had engaged in statutorily protected activity because KRS 205.8465(1) requires any person to report suspected violations of KRS 205.”
— Ky. Rev. Stat. § 205.8465(1) — 2 cases
Follett v. Gateway Regional Health System, Inc. (2007) kyctapp “Next, Follett relies upon KRS 205.8465 as a basis for her wrongful discharge claim.”
William Winchester v. The Salvation Army, a Georgia Corporation (2023) kyctapp “A further genuine question existed as to whether Follett had engaged in statutorily protected activity because KRS 205.8465(1) requires any person to report suspected violations of KRS 205.”
— Ky. Rev. Stat. § 205.8465(3) — 2 cases
Follett v. Gateway Regional Health System, Inc. (2007) kyctapp “Next, Follett relies upon KRS 205.8465 as a basis for her wrongful discharge claim.”
William Winchester v. The Salvation Army, a Georgia Corporation (2023) kyctapp “A further genuine question existed as to whether Follett had engaged in statutorily protected activity because KRS 205.8465(1) requires any person to report suspected violations of KRS 205.”
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