Governor Signs Miller Bill to Better Protect Vulnerable Adults
Legislation strengthening protections for the elderly and other vulnerable adults from financial fraud, sexual abuse, neglect or exploitation was recently signed into law by the governor. Rep. Nicole Miller, R-Edmond, authored House Bill 3668, working in conjunction with the attorney general's Medicaid Fraud Control Unit. "It takes someone of a particularly vile nature to harm an elderly or disabled adult," Miller said. "And yet crimes against this population are on the rise. This legislation is hoped to serve as a deterrent, but at the very least, it ensures those who commit such abuse are punished to the full extent of the law." HB3668 was authored in the Senate by Sen. Paul Rosino, R-Oklahoma City. "I am pleased we were able to get this legislation across the finish line and put further protections in place for Oklahoma’s most vulnerable," Rosino said. "We must hold those who commit crimes against our elderly or disabled neighbors accountable, and this legislation ensures that justice can prevail." The measure extends the window of time for sexual abuse of a vulnerable adult to be prosecuted from the current three-year statute of limitations to the 12 years allowed for all other sexual abuse crimes. Also included is adding Medicaid fraud and all abuse, neglect or exploitation of elderly or vulnerable adults to the definition of racketeering activity, which enhances punishments. "This change targets systemic issues that enable corporate neglect and exploitation schemes," Miller said. She said the U.S. Dept. of Health and Human Services Office of Inspector General (HHS-OIG) has warned of problematic ownership groups in the long-term care industry that cut resources and care in pursuit of profit but have no individual liability. Section 3 of the bill lowers the dollar threshold for a false claim to become a felony. "This targets a new trend of small-dollar fraudulent Medicaid claims," Miller said. "We anticipate a lower threshold will increase prosecutors' willingness to pursue charges on small false claims, and this is in alignment with other state statutes for false submissions and Medicaid fraud units across the country." Additional changes make the punishment for failure to maintain Medicaid records a fine not to exceed more than three times the amount of payments claimed or received in the absent records or $10,000, whichever is greater; or a sentence of not more than three years in prison; or both. There are no provisions for fine or restitution currently, Miller explained. HB3668 will take effect Nov. 1.