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AB 15

Revises provisions relating to Medicaid fraud. (BDR 18-446)

2025 Regular Session

Expands MFCU subpoena power and adds court orders to bolster Medicaid fraud investigations; aligns qui tam with federal rules and tightens record-keeping penalties for providers.

Approved by the Governor. Chapter 216.
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Bill Summary · AB 15

AB 15 — Medicaid Fraud (BDR 18‑446) — Summary

Status: Enacted (Chapter 216). Introduced Dec. 2, 2024.

Main purpose

AB 15 strengthens the investigatory authority of the Attorney General’s Medicaid Fraud Control Unit (MFCU) and revises related procedural and penalty provisions. The bill expands subpoena powers, establishes a judicial enforcement process for noncompliance, aligns Nevada’s qui tam (false‑claims) rules with federal standards, and adjusts criminal penalties for certain record‑keeping violations.

Key provisions

  • Expanded subpoena authority (NRS 228.411)

    • MFCU subpoenas may now compel a person to:
    • produce documents, records, or materials;
    • appear and be examined under oath; and
    • answer written interrogatories under oath (individually or in combination).
    • The subpoena must include a copy of the statutory provisions governing its use.

  • Judicial enforcement process

    • If a person fails or refuses to comply, the Attorney General may petition the district court where the person resides or maintains a principal place of business.
    • At the hearing the court shall enter an order compelling compliance if it finds:
    • the subpoena was properly issued;
    • there is reasonable cause to believe a violation of NRS 422.540–422.570 or other Medicaid fraud has occurred or is occurring; and
    • the material/testimony is relevant to the MFCU investigation.
    • The court may modify or tailor an order for good cause to protect a person from unreasonable annoyance, embarrassment, oppression, burden, or expense.

  • Limits on use of compelled materials

    • Materials, testimony, answers, or records obtained under an MFCU subpoena may be used in civil actions brought under NRS 228.410 (Medicaid fraud civil cases) but may not be used in criminal actions.

  • Qui tam rule amended (NRS 357.080)

    • Aligns with federal law by prohibiting a private relator from bringing a qui tam action when the same allegations or transactions are already the subject of a civil action or administrative monetary penalty proceeding to which the State (or political subdivision) is a party.

  • Penalty change for failure to maintain records (NRS 422.570)

    • Failure to maintain required records relating to a Medicaid claim is:
    • a misdemeanor if the claim amount is less than $650; and
    • a gross misdemeanor if the claim amount is $650 or more.
    • (Replaces prior uniform gross‑misdemeanor penalty for intentional failures.)

Who is affected

  • Medicaid providers and their employees (subject to subpoenas and record‑keeping requirements).
  • The Attorney General’s MFCU (expanded civil investigatory tools).
  • Private relators/whistleblowers (narrower window to file qui tam suits when the State already litigates).
  • Courts (new statutory procedure and standards for subpoena enforcement).
  • No fiscal impact reported in committee notes.

Procedural notes and amendments

  • The bill adds court oversight and a good‑cause modification standard to balance investigatory needs and burdens on subpoena recipients.
  • Stakeholders (provider associations, patient‑care groups, public defenders) submitted suggested amendments addressing notice periods, intent requirements, safe harbors for self‑reporting, and protections against criminal use; the enrolled bill expressly disallows use of subpoenaed materials in criminal prosecutions.
  • Check the enacted chapter (Chapter 216) for the bill’s effective date and any conforming changes to the Nevada Revised Statutes.

Compiled from official sources — confirm details with the bill’s official record.

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