HARRY HUGHES, Governor

1667

BY repealing and reenacting, with amendments,

Article 43 - Health

Section 42K

Annotated Code of Maryland

(1980 Replacement Volume and 1980 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article 43 - Health

42K.

(A)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(1)  "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP,
LIMITED PARTNERSHIP, PROFESSIONAL ASSOCIATION FORMED UNDER §
5 OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE, AND A
CORPORATION.

(2)  "FRAUD" INCLUDES, BUT IS NOT LIMITED TO,
CRIMES SUCH AS MEDICAID FRAUD (ART. 27, § 230B), FALSE
PRETENSES (ART. 27, § 140) LARCENY (ART. 27, §§ 340 AND
341), THEFT (ART. 27, § 342), LARCENY AFTER TRUST (ART. 27,
§ 353), EMBEZZLEMENT (ART. 27, § 129), CONCEALMENT OF
MEDICAL RECORDS (ART. 27, § 275A), MISAPPROPRIATION BY A
FIDUCIARY (ART. 27, § 132), AND ANY ATTEMPT OR CONSPIRACY TO
COMMIT SUCH A CRIME.

(3) (I) "CONVICTED" MEANS FINDING OF GUILT BY A
COURT OR JURY, ACCEPTANCE BY A COURT OF INCLUDES A
CONVICTION FOLLOWING A PLEA OF NOLO CONTENDERE; .

(II) "CONVICTED" INCLUDES THE FINDING OF
PROBATION PRIOR TO JUDGMENT UNDER ART. 27, § 641.

(B)   [Whenever a physician, chiropractor, dentist,
podiatrist, optometrist, pharmacist, nurse, optician, or
other health practitioner licensed or certified in this
State is] IF A PERSON IS convicted of fraud in connection
with the Maryland medical assistance program, OR A SIMILAR
MEDICAL ASSISTANCE PROGRAM IN ANY OTHER STATE OR THE
DISTRICT OF COLUMBIA, [the physician or other practitioner
may not] THE PERSON SHALL be [eligible] INELIGIBLE for any
further [payments] PAYMENT under the Maryland medical
assistance program.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 12, 1981.