Amends TCA Title 38 and Title 71.

Present law provides that the Tennessee bureau of investigation (TBI) is divided into three divisions: the criminal investigation division, the forensic services division, and the narcotics investigation division, with the director having full control over all divisions. This bill provides instead that the TBI is to be divided into no less than three divisions, and the director may add additional divisions as necessary for proper functioning of the TBI. Further, this bill provides that criminal investigators for any division within the TBI are generally authorized, without a request from the district attorney general, to make investigations in connection with matters pertaining to:<br /> <br /> (1) Fugitives from justice;<br /> <br /> (2) Commission of certain offenses involving corruption of or misconduct by a public official;<br /> <br /> (3) Employees or prospective employees of the TBI or the department of safety;<br /> <br /> (4) Organized crime activities;<br /> <br /> (5) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the TBI automatically terminates upon discontinuation of federal funding for reimbursement of TBI costs associated with investigations of such fraudulent conduct;<br /> <br /> (6) Victimization of children by means of a computer or other electronic communications device;<br /> <br /> (7) Commission of an offense involving certain forms of trafficking; or<br /> <br /> (8) Commission of certain arson offenses.<br /> <br /> Present law establishes a medicaid fraud control unit, which is separate and distinct from the state medicaid agency, within the criminal investigation division of the TBI or within another appropriate agency at the discretion of the governor. This bill refers to the unit as the Medicaid fraud control division within the TBI generally, instead of being within the criminal investigation division.<br /> <br /> Present law authorizes the unit to investigate and refer for prosecution violations of all applicable laws pertaining to provider or vendor fraud and abuse in the administration of the medicaid program, the provision of goods or services or the activities of providers of goods or services under the state medicaid plan; medicare fraud; and abuse or neglect in healthcare facilities receiving payments under the state medicaid plan, such as board and care facilities as allowed by federal law. This bill also authorizes the unit to investigate and refer for prosecution violations of laws pertaining to misappropriation of funds or property and complaints of abuse, neglect, and financial exploitation of medicaid recipients.<br />