Program Authorization: La. Constitution, Article IV, Section 8; R.S. 36:701(D) and (E); 36:704(D); La. Code of Criminal Procedure, Articles 61, 62, and 67 and Articles 261-280; R.S. 49:257 (B); R.S. 13:4448; La. Code of Civil Procedure, Article 1880; R.S. 49:251-253; R.S. 15:1311(B); 42:66(G); 42 CFR 1007 (authorizing Medicaid Fraud Control Unit).

PROGRAM DESCRIPTION

The mission of the Criminal Law and Medicaid Fraud Program is to seek justice on behalf of the citizens of the State of Louisiana by the execution of superior, professional, and effective investigation and prosecution of all matters referred to the Department of Justice.

The goals of the Criminal Law and Medicaid Fraud Program are:

1. Provide superior legal and professional services to the State of Louisiana.
2. Develop a working environment that encourages competent individuals to seek career employment in the Criminal Law and Medicaid Fraud Program of the Department of Justice.
3. Improve cooperative working relationships with federal, state, and local agencies and private sector organizations.

The Criminal Law and Medicaid Fraud Program includes two activities (organizationally expressed as divisions): Criminal Division and Investigation Division. The functions and activities of both divisions are supervised by the deputy attorney general and program manager, (who is responsible for monitoring the activities of all staff personnel, including the division directors, as well as for the administration and implementation of policy).

The Criminal Division is divided into six sections: Administrative; Prosecution and Technical Services; Special Services; Violent Crime/Drug Offender Prosecution Program; Medicaid Fraud Control Unit; and White Collar Crimes.

• The Administrative Section supervises, controls, and coordinates all personnel and functions of the Criminal Division.

• The Prosecution and Technical Services Section prosecutes alleged violations of the criminal laws of the state by conducting or assisting in criminal prosecutions pursuant to the recusal or request of district attorneys. This section also serves as: 1) advisor to the district attorneys, law enforcement, and the legislature; 2) a training agency for law enforcement; and 3) liaison between various levels of law enforcement within the state.

• The Special Services Section provides legal services to the state in the areas of: 1) extradition; 2) appeals and habeas corpus proceedings; 3) serving as amicus curiae in matters pending before the U.S. Supreme Court; and 4) preparation of attorney general opinions concerning matters of criminal law.
• The White Collar Crimes Section prosecutes violations of the criminal laws of the state resulting from any financial, economic, or business-related activities or scheme, including violations of the state's environmental laws.

• The Violent Crime/Drug Offender Prosecution Program, which operates pursuant to federal grant funding with state matching funds, focuses on the prosecution of violent, career criminals, and serious narcotics offenders.

• The Medicaid Fraud Control Unit (MFCU) investigates and prosecutes individuals and entities defrauding the Medicaid Program or abusing residents in health care facilities. It also initiates recovery of identified overpayments.

The Investigation Division is divided into four sections: Administrative Section, Trial Section, Special Investigations Section, and General Investigations and Government Support Section.

• The Administrative Section supervises, controls, and coordinates all personnel and functions of the Investigative Division.

• The Trial Section provides follow-up investigation services for the trial attorneys of the criminal division. The investigations are those things deemed necessary by the assistant attorneys general that were not done by the primary investigative agency. These services include locating witnesses who have moved since the offense occurred, running record checks on potential witness, providing transportation for victims and witnesses who have none, providing security for victims, witnesses, and assistant attorneys general, procurement of evidence, and witness management during trial.
• The Special Investigations Section provides investigative services in those cases referred to the Department of Justice involving white collar crimes or public corruption. Due to the fact that many district attorneys lack personnel with the necessary expertise or wish to avoid becoming embroiled in local politics, this type of crime is an ever-increasing part of the program's caseload. Appropriately, this section is staffed with accountants along with other investigators.
• The General Investigations and Government Support Section provides investigative services in all matters not covered by the two specialized units referenced above. Additionally, this section responds to the numerous requests for investigative assistance from any governmental agency, local, state, or federal.

OBJECTIVES AND PERFORMANCE INDICATORS

Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with State General Fund, Interagency Transfers, and Federal Funds. Interagency Transfers are derived from various state agencies for investigative and legal services. Federal Funds are from the Department of Health and Human Services Medicaid Fraud Unit and the U.S. Department of Justice for drug prosecution.

ANALYSIS OF RECOMMENDATION

The total means of financing for this program is recommended at 106.1% of the existing operating budget. It represents 89.9% of the total request ($5,333,055) for this program. The net increase recommended is primarily due to adjustments for acquisitions and to the increase for the Drug and Violent Crime Program.

PROFESSIONAL SERVICES

OTHER CHARGES

ACQUISITIONS AND MAJOR REPAIRS

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