198.168. Fraud investigation director may petition for appointment of receiver, when--court hearing.

Fraud investigation director may petition for appointment ofreceiver, when--court hearing.

198.168. If the director of the fraud investigation divisionhas probable cause to believe that any acts or omissions inviolation of sections 198.139 to 198.155 have been committed by aperson who is in control of assets purchased, in whole or inpart, directly or indirectly, with funds from Medicaid and islikely to convert, destroy or remove those assets, the directorof the fraud investigation division can petition the circuitcourt of the county in which those assets may be found to appointa receiver to manage those assets until the investigation and anylitigation are completed. The circuit court immediately uponreceipt of the petition of the director of the fraudinvestigation division shall enjoin the person in control of theassets from converting, destroying or removing those assets. Ahearing for the appointment of a receiver shall be held withinten days of the filing of the petition. If the court finds thatthere is probable cause to believe the person has committed anyacts or omissions in violation of any provisions of sections198.139 to 198.155 and that the assets are likely to beconverted, destroyed or removed, the circuit court shall appointa receiver to manage the assets until the investigation and anylitigation are completed. The court shall maintain continuingjurisdiction over the assets and may modify its orders ascircumstances require. The order appointing a receiver shall bea final order for purposes of appeal.

(L. 1979 S.B. 328, et al. § 54)

Effective 7-1-79