§56-1006. Medicaid fraud - Penalties.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Any person found to have committed any violation of paragraphs 1 through 6 of subsection A of Section 1005 of this title shall be deemed guilty of Medicaid fraud.

B. 1. Any person committing Medicaid fraud where the aggregate amount of payments illegally claimed or received is One Thousand Dollars ($1,000.00) or more shall be guilty of a felony, and upon conviction thereof shall pay a fine of not more than three times the amount of payments illegally claimed or received or Ten Thousand Dollars ($10,000.00) whichever is greater, or be imprisoned for not more than three

(3)years, or by both such fine and imprisonment.

2. Any person committing Medicaid fraud where the aggregate amount of payments illegally claimed or received is less than One Thousand Dollars ($1,000.00) shall be guilty of a misdemeanor and upon conviction thereof shall pay a fine of not more than three times the amount of payments illegally claimed or received or One Thousand Dollars ($1,000.00) whichever is greater, or imprisoned for not more than one

(1)year, or by both such fine and imprisonment.

Any person who violates paragraph 7 of subsection A of Section 1005 of this title shall be guilty of a felony, and upon conviction thereof shall pay a fine of not more than three times the amount of payments (claimed or received) equaling the services which would have been reflected in the absent records or Ten Thousand Dollars ($10,000.00), whichever is greater, or be imprisoned for not more than three

(3)years, or by both such fine and imprisonment. Additionally, the person found guilty hereunder shall be liable for the cost of the investigation, litigation, and attorney fees, which, in addition to all fines assessed, shall be deposited in the Attorney General's Medicaid Revolving Fund. Added by Laws 1989, c. 220, § 6, operative July 1, 1989. Amended by Laws 1990, c. 144, § 5, emerg. eff. May 1, 1990; Laws 1997, c. 133, § 501, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 366, eff. July 1, 1999; Laws 2024, c. 310, § 3, eff. Nov. 1, 2024. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 501 from July 1, 1998, to July 1, 1999.