24-31-805. Medicaid fraud control unit authority and responsibilities

24-31-805. Medicaid fraud control unit authority and responsibilities. (1) In carrying out the responsibilities of this section, the unit has the authority to:

(a) Investigate and prosecute civil actions and proceedings, pursuant to section 25.5-4-301 (2) or sections 25.5-4-303.5 to 25.5-4-310;

(b) Investigate and prosecute criminal medicaid fraud and waste pursuant to this part 8 and title 18;

(c) Investigate and prosecute patient abuse, neglect, or exploitation provided that prior to the filing of any criminal charges involving patient abuse, neglect, or exploitation by either complaint or grand jury indictment the unit shall first consult with the district attorney of the judicial district where the prosecution would be initiated. If after such consultation the district attorney agrees with the filing of charges, the unit shall cross-designate the district attorney or his or her designated assistant or deputy district attorney as a special assistant attorney general on the case. If after such consultation the district attorney does not agree with the filing of charges, the unit may file the case independently.

(d) Issue or cause to be issued civil investigative demands and subpoenas or other process in aid of investigations and prosecutions;

(e) Administer oaths and take sworn statements under penalty of perjury; and

(f) Serve and execute, in any county, search warrants that relate to investigations.