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2336 LAWS OF MARYLAND Ch. 496
are hereby added to Article 27 - Crimes and Punishments,
of the Annotated Code of Maryland (1976 Replacement
Volume and 1976 Supplement) to read as follows:
Article 27 - Crimes and Punishments
FRAUD - MEDICAL ASSISTANCE
230B.
(A) IN THIS SUBHEADING, THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.
(B) "MEDICAID FRAUD" MEANS:
(1) KNOWINGLY AND WILFULLY MAKING OR CAUSING
TO BE MADE ANY FALSE STATEMENT OR REPRESENTATION OF A
MATERIAL FACT IN ANY APPLICATION FOR ANY BENEFIT OR
PAYMENT UNDER A STATE PLAN ESTABLISHED BY TITLE XIX OF
THE SOCIAL SECURITY ACT OF 1939;
(2) KNOWINGLY AND WILFULLY MAKING OR CAUSING
TO BE MADE ANY FALSE STATEMENT OR REPRESENTATION OF A
MATERIAL FACT FOR USE IN DETERMINING RIGHTS TO THOSE
BENEFITS OR PAYMENTS;
(3) HAVING KNOWLEDGE OF THE OCCURRENCE OF
ANY EVENT AFFECTING (I) THE INITIAL OR CONTINUED RIGHT TO
THOSE BENEFITS OR PAYMENTS; OR (II) THE INITIAL OR
CONTINUED RIGHT TO THOSE BENEFITS OR PAYMENTS TO ANY
OTHER INDIVIDUAL IN WHOSE BEHALF AN APPLICATION HAS BEEN
MADE OR IN WHOSE BEHALF BENEFITS OR PAYMENTS ARE BEING
RECEIVED; AND CONCEALING OR FAILING TO DISCLOSE THAT
EVENT WITH AN INTENT TO SECURE FRAUDULENTLY THOSE
BENEFITS OR PAYMENTS EITHER IN A GREATER AMOUNT OR
QUANTITY THAN IS DUE OR WHEN BENEFITS OR PAYMENTS ARE NOT
AUTHORIZED;
(4) HAVING MADE APPLICATION TO RECEIVE OR
HAVING RECEIVED ANY OF THOSE BENEFITS OR PAYMENTS FOR THE
USE AND BENEFIT OF ANOTHER; AND KNOWINGLY AND WILFULLY
CONVERTING ANY PART OF THE BENEFIT OR PAYMENT TO A USE
OTHER THAN FOR THE USE AND BENEFIT OF THAT OTHER PERSON;
(5) FURNISHING TO A PERSON ITEMS OF SERVICES
FOR WHICH PAYMENT OF ANY PART IS OR MAY BE MADE FROM
FEDERAL OR STATE FUNDS UNDER A STATE MEDICAL ASSISTANCE
PROGRAM; AND SOLICITING, OFFERING, OR RECEIVING ANY (I)
KICKBACK OR BRIBE IN CONNECTION WITH THE FURNISHING OF
THOSE ITEMS OR SERVICES, OR THE MAKING OR RECEIPT OF ANY
PAYMENT; OR (II) REBATE OF ANY FEE OR CHARGE FOR
REFERRING A PERSON TO ANOTHER PERSON FOR THE FURNISHING
OF THOSE ITEMS OR SERVICES; OR
(6) KNOWINGLY OR WILFULLY MAKING OR CAUSING
TO BE MADE, INDUCING OR SEEKING TO INDUCE THE MAKING OF
ANY FALSE STATEMENT OR REPRESENTATION OF A MATERIAL FACT
WITH RESPECT TO THE CONDITIONS OR OPERATION OF ANY
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