Section 198.168

Title XII PUBLIC HEALTH AND WELFARE

Chapter 198

Effective - 01 Jul 1979, see footnote   

  198.168.  Fraud investigation director may petition for appointment of receiver, when — court hearing. — If the director of the fraud investigation division has probable cause to believe that any acts or omissions in violation of sections 198.139 to 198.155 have been committed by a person who is in control of assets purchased, in whole or in part, directly or indirectly, with funds from Medicaid and is likely to convert, destroy or remove those assets, the director of the fraud investigation division can petition the circuit court of the county in which those assets may be found to appoint a receiver to manage those assets until the investigation and any litigation are completed.  The circuit court immediately upon receipt of the petition of the director of the fraud investigation division shall enjoin the person in control of the assets from converting, destroying or removing those assets.  A hearing for the appointment of a receiver shall be held within ten days of the filing of the petition.  If the court finds that there is probable cause to believe the person has committed any acts or omissions in violation of any provisions of sections 198.139 to 198.155 and that the assets are likely to be converted, destroyed or removed, the circuit court shall appoint a receiver to manage the assets until the investigation and any litigation are completed.  The court shall maintain continuing jurisdiction over the assets and may modify its orders as circumstances require.  The order appointing a receiver shall be a final order for purposes of appeal.

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(L. 1979 S.B. 328, et al. § 54)

Effective 7-1-79