836

LAWS OF MARYLAND

Ch. 97

(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 or 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 institution or
facility so that the institution or facility may qualify as
a hospital, skilled nursing facility, intermediate care
facility, or home health agency.

(c)  "Person" includes associations, firms,
institutions, partnerships, copartnerships, or corporations,
and any member, agent, officer, or employee of any of them.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.