68-935. Terms, defined.
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/ne/chapter-68/68-935A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of the False Medicaid Claims Act:
(1)Attorney General means the Attorney General, the office of the Attorney General, or a designee of the Attorney General;
(2)Claim means any request or demand, whether under a contract or otherwise, for money or property, and whether or not the state has title to the money or property, that:
(a)Is presented to an officer, employee, or agent of the state; or
(b)Is made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's behalf or to advance a state program or interest, and if the state:
(i)Provides or has provided any portion of the money or property requested or demanded; or
(ii)Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded;
(3)Good or service includes
(a)any particular item, device, medical supply, or service claimed to have been provided to a recipient and listed in an itemized claim for payment and
(b)any entry in the cost report, books of account, or other documents supporting such good or service;
(4)(a) Knowing and knowingly means that a person, with respect to information:
(i)Has actual knowledge of the information;
(ii)Acts in deliberate ignorance of the truth or falsity of the information; or
(iii)Acts in reckless disregard of the truth or falsity of the information.
(b)Acts committed in a knowing manner or committed knowingly shall not require proof of a specific intent to defraud;
(5)Material means having a natural tendency to influence or be capable of influencing the payment or receipt of money or property;
(6)Obligation means an established duty, whether or not fixed, arising from
(a)an express or implied contractual, grantor-grantee, or licensor-licensee relationship,
(b)a fee-based or similar relationship,
(c)statute or rule or regulation, or
(d)the retention of any overpayment;
(7)Person means any body politic or corporate, society, community, the public generally, individual, partnership, limited liability company, joint-stock company, or association; and
(8)Recipient means an individual who is eligible to receive goods or services for which payment may be made under the medical assistance program.