---
kind: "section"
citation: "42 C.F.R. § 1007.15"
title: "42"
number: "1007.15"
heading: "Establishment and certification of Unit."
url: "https://uscodex.org/cfr/42/1007.15"
---

# §1007.15. Establishment and certification of Unit.

- (a) **Initial application.** In order to demonstrate that it meets the requirements for certification, the State or territory must submit to OIG an application approved by the Governor or chief executive, containing the following:
  - (1) A description of the applicant's organization, structure, and location within State government, and a statement of whether it seeks certification under § [1007.7(a)](/cfr/42/1007.7.md?p=a), [(b)](/cfr/42/1007.7.md?p=b), or [(c)](/cfr/42/1007.7.md?p=c);
  - (2) A statement from the State Attorney General that the applicant has authority to carry out the functions and responsibilities set forth in Subpart B. If the applicant seeks certification under [§ 1007.7(b)](/cfr/42/1007.7.md?p=b), the statement must also specify either that:
    - (i) There is no State agency with the authority to exercise statewide prosecuting authority for the violations with which the Unit is concerned, or
    - (ii) Although the State Attorney General may have common law authority for statewide criminal prosecutions, he or she has not exercised that authority;
  - (3) A copy of whatever memorandum of agreement, regulation, or other document sets forth the formal procedures required under [§ 1007.7(b)](/cfr/42/1007.7.md?p=b), or the formal working relationship and procedures required under [§ 1007.7(c)](/cfr/42/1007.7.md?p=c);
  - (4) A copy of the agreement with the Medicaid agency required under §§ [1007.9](/cfr/42/1007.9.md) and [455.21(c)](/cfr/42/455.21.md?p=c);
  - (5) A statement of the procedures to be followed in carrying out the functions and responsibilities of this part;
  - (6) A proposed budget for the 12-month period for which certification is sought; and
  - (7) Current and projected staffing, including the names, education, and experience of all senior professional employees already employed and job descriptions, with minimum qualifications, for all professional positions.
- (b) **Basis for, and notification of, certification.**
  - (1) OIG will make a determination as to whether the initial application under [paragraph (a)](#a) of this section meets the requirements of [§§ 1007.5 through 1007.13](/cfr/42/1007.5..1007.13.md) and whether a Unit will be effective in using its resources in investigating Medicaid fraud and patient or resident abuse and neglect.
  - (2) OIG will certify a Unit only if OIG specifically approves the applicant's formal written procedures under § [1007.7(b)](/cfr/42/1007.7.md?p=b) or [(c)](/cfr/42/1007.7.md?p=c), if either of those provisions is applicable.
  - (3) If the application is not approved, the applicant may submit a revised application at any time.
  - (4) OIG will certify a Unit that meets the requirements of this Subpart B for 12 months.

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1396a(a)(61), 1396b(a)(6), 1396b(b)(3), and 1396b(q).

### Source

Source: 84 FR 10713, Mar. 22, 2019, unless otherwise noted.