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Ch. 70 2006 LAWS OF MARYLAND
(3) REFER THE MATTER TO THE MEDICAID FRAUD CONTROL UNIT OF
THE OFFICE OF THE ATTORNEY GENERAL.
(C) THE NOTIFICATION REQUIRED UNDER THIS SUBSECTION DOES NOT LIMIT
THE DEPARTMENT'S AUTHORITY TO INVESTIGATE MISTAKEN CLAIMS AND FRAUD,
WASTE, AND ABUSE IN ABSENCE OF NOTIFICATION.
(D) IN DETERMINING WHETHER TO PROCEED WITH AN ACTION, AND AN
APPROPRIATE PENALTY, THE DEPARTMENT SHALL TAKE INTO ACCOUNT WHETHER
THE PROVIDER;
(1) SELF REPORTED; AND
(2) HAS A CORPORATE COMPLIANCE PROGRAM.
2-507.
(A) A PROVIDER WHO VIOLATES ANY PROVISION OF THIS SUBTITLE IS
SUBJECT TO THE FOLLOWING ADMINISTRATIVE PENALTIES;
(1) RECOVERY OF ANY DEPARTMENTAL FUNDS WRONGFULLY,
FRAUDULENTLY, OR MISTAKENLY PAID TO THE PROVIDER;
(2) COSTS OF COLLECTION AND INVESTIGATION OF THE MISTAKEN
CLAIM AND FRAUD, WASTE, OR ABUSE;
(3) INTEREST ON ANY MONEYS MISTAKENLY, WRONGFULLY, OR
FRAUDULENTLY OBTAINED BY THE PERSON;
(4) IMPOSITION OF A LIEN ON ASSETS TO ENSURE SUFFICIENT FUNDS
ARE AVAILABLE TO SATISFY ANY RECOVERY AMOUNT DUE TO THE DEPARTMENT;
(5) A FINE TO BE LEVIED BY THE DEPARTMENT OF UP TO $10,000 PER
INCIDENT WITH A MAXIMUM OF $100,000;
(6) SUSPENSION OF THE PROVIDER'S PARTICIPATION IN A PROGRAM;
(7) TERMINATION OF THE PROVIDER'S PARTICIPATION IN A PROGRAM;
(8) ANY OTHER PENALTIES, LIMITS, CONDITIONS, OR CONTROLS
IMPOSED BY THE DEPARTMENT REGARDING THE PROVISION OF HEALTH CARE
SERVICES TO A RECIPIENT OR THE PROVIDER'S PARTICIPATION IN A DEPARTMENTAL
PROGRAM.
(B) THE PENALTIES PROVIDED IN THIS SECTION ARE IN ADDITION TO ANY
CRIMINAL, CIVIL, OR ADMINISTRATIVE PENALTIES PROVIDED UNDER ANY OTHER
STATE OR FEDERAL STATUTE OR REGULATION.
(C) THE DEPARTMENT SHALL PAY ANY FINE COLLECTED UNDER THIS
SECTION INTO THE GENERAL FUND OF THE STATE.
(D) THE COMPTROLLER SHALL;
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