Section 57.39. Conduct of care management organization in connection with the preparation of required reports and documents.

 

(1)  No director or officer of a care management organization may, directly or indirectly:

(a) Make or cause to be made a materially false or misleading statement to an accountant in connection with any audit, review or communication required under this chapter.

(b) Make or cause to be made omissions of any material fact necessary in order to make statements made not misleading to an accountant in connection with any audit, review or communication required under this chapter.

(2)  No officer or director of a care management organization, or any other person acting under the direction thereof, shall directly or indirectly take any action to coerce, manipulate, mislead or fraudulently influence any independent certified public accountant engaged in the performance of an audit pursuant to this chapter if that person knew or should have known that the action, if successful, could result in rendering the care management organization's financial statements materially misleading. In this subsection, actions that "if successful, could result in rendering the care management organization's financial statements materially misleading" include actions taken at any time with respect to the professional engagement period to coerce, manipulate, mislead or fraudulently influence an independent certified public accountant to do any of the following:

(a) To issue or reissue a report on a care management organization's financial statements that is not warranted in the circumstances, due to material violations of generally accepted accounting principles, generally accepted auditing standards, or other professional or regulatory standards.

(b) To not perform audit, review or other procedures required by generally accepted auditing standards or other professional standards.

(c) To not withdraw an issued report.

(d) To not communicate matters to a care management organization's audit committee.

History: EmR0927 : emerg. cr. eff. 10-10-09; CR 09-093 : cr. Register May 2010 No. 653 , eff. 6-1-10.