PARRIS N. GLENDENING, Governor                             Ch. 713

(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, MEDICAID HEALTH PLAN FRAUD, FALSE
STATEMENTS REPRESENTATIONS RELATING TO MEDICAID HEALTH PLANS,
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 Program or a
similar program of any other state is ineligible for further payment under the Program.

(b) (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.

15-123.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "BODILY INJURY" MEANS:

(I)      A CUT, ABRASION, BRUISE, BURN, OR DISFIGUREMENT;

(II)    ILLNESS;

(III)   IMPAIRMENT OF THE FUNCTION OF A BODY PART, ORGAN, OR
MENTAL FACULTY;

(IV)   PHYSICAL PAIN; OR

(V)    ANY OTHER INJURY TO THE BODY.

(3) "FALSE REPRESENTATIONS RELATING TO MEDICAID HEALTH
PLANS" MEANS:

(I) KNOWINGLY AND WILLFULLY CONCEALING, FALSIFYING, OR
OMITTING A MATERIAL FACT; OR

(II) KNOWINGLY AND WILLFULLY MAKING A MATERIALLY FALSE
OR FRAUDULENT REPRESENTATION OR USING A DOCUMENT THAT CONTAINS A
MATERIALLY FALSE OR FRAUDULENT REPRESENTATION.

(4) "MEDICAID HEALTH PLAN" MEANS:

(I) A STATE PLAN ESTABLISHED BY TITLE XIX OF THE SOCIAL
SECURITY ACT OF 1939;

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