HARRY HUGHES, Governor

759

Defined terms: "Program" § 15-101

"Program recipient" § 15-101 "Secretary" § 1-101

15-123. FRAUD.

(A)   IN GENERAL.

(1)  (I) IN THIS SUBSECTION THE FOLLOWING WORDS
HAVE THE MEANINGS INDICATED.

(II)   "CONVICTED" INCLUDES BEING CONVICTED
AFTER A PLEA OF NOLO CONTENDERE.

(III)   "FRAUD" INCLUDES THE COMMISSION OF
OR AN ATTEMPT OR CONSPIRACY TO COMMIT A CRIME SUCH AS
CONCEALMENT OF MEDICAL RECORDS, EMBEZZLEMENT, FALSE
PRETENSES, LARCENY, LARCENY AFTER TRUST, MEDICAID FRAUD,
MISAPPROPRIATION BY A FIDUCIARY, OR THEFT.

(IV)   "PERSON" MEANS AN INDIVIDUAL,
PARTNERSHIP, LIMITED PARTNERSHIP, OR CORPORATION, INCLUDING
A PROFESSIONAL CORPORATION FORMED UNDER TITLE 5, SUBTITLE 1
OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE.

(2)  A PERSON WHO IS CONVICTED OF FRAUD IN
CONNECTION WITH THE MARYLAND MEDICAL ASSISTANCE PROGRAM OR A

SIMILAR PROGRAM OF ANY OTHER STATE IS INELIGIBLE FOR FURTHER
PAYMENT UNDER THE MARYLAND MEDICAL ASSISTANCE PROGRAM.

(B)  HEALTH CARE PROVIDERS.

(1)  ANY HEALTH CARE PROVIDER WHO IS CONVICTED OF
FRAUD, OR WHO SUFFERS A JUDGMENT IN FAVOR OF THIS STATE IN A
CIVIL ACTION BASED ON FRAUD, IN . OBTAINING MEDICAID
OVERPAYMENTS IS LIABLE TO THIS STATE FOR TRIPLE THE AMOUNT

OF THE OVERPAYMENT.

(2)   IN EITHER A CRIMINAL OR CIVIL ACTION, THE
COURT SHALL AWARD THE APPROPRIATE SUM IN ITS SENTENCE OR
JUDGMENT.

REVISOR'S NOTE: This section formerly appeared as
Article 43, §§ 42J and 42K.

In subsection (a)(l)(iii) of this section, the
former phrase "but is not limited to" is deleted
as unnecessary in light of the use of the defined
term "includes".

In subsection (a)(l)(iv) of this section, the
reference to a "professional corporation formed
under Title 5, Subtitle 1 of the Corporations and
Associations Article" is substituted for the
erroneous reference to a "professional
association formed under § 5 (sic)".