Oregon Administrative Rules
Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES
Division 13 - ACCOUNTING AND BUSINESS PRACTICES
Section 309-013-0090 - Investigation of Suspected Fraud and Embezzlement
Universal Citation: OR Admin Rules 309-013-0090
Current through Register Vol. 63, No. 9, September 1, 2024
(1) In cases of suspected fraud and embezzlement involving funds and resources of the Division:
(a) The Administrator shall begin the
investigation immediately and may, in the course of investigation, call upon
the services of appropriate law enforcement agencies, the Attorney General, the
Division Audit Unit, and/or other who may be of assistance in developing the
case;
(b) A service provider which
has contracted with the Division is responsible for developing cases of
suspected fraud and embezzlement involving its employees and/or the employees
of its subcontractors, and is responsible for referral to the proper
authorities. However, the Division may assume control of any case not handled
to the Division's satisfaction.
(2) In cases of suspected fraud and embezzlement which do not involve funds and resources of the Division:
(a) The aggrieved parties shall seek their
own resolution, and the Division will not become involved in development of the
case or prosecution, except it may intervene in cases involving resources of
clients of service providers;
(b)
The Division shall review the case to determine whether the lack of internal
controls which allowed fraud or embezzlement to occur might also endanger
Division resources. If that possibility exists, the service provider shall be
required to adopt and follow procedures which the Division decides are needed
to minimize chances for recurrence of the fraud or embezzlement. Failure of the
service provider to adopt and follow such procedures shall constitute grounds
for refusing to contract with the service provider in the future, and for
terminating the existing contract.
Stat. Auth.: ORS 179.040 & 413.042
Stats. Implemented: ORS 430.021
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