PARRIS N. GLENDENING, Governor                             S.B. 649

Article - Health - General

Section 15-123.1

Annotated Code of Maryland

(1994 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

5-106.

(a) Except as provided by this section, a prosecution for a misdemeanor shall be
instituted within one year after the offense was committed.

(i) A prosecution for the offense of Medicaid fraud under Article 27, § 230B of
this Code shall be instituted within 3 years after the offense was committed.

(T) A PROSECUTION FOR A MEDICAID OFFENSE UNDER § 15-123.1 OF THE
HEALTH - GENERAL ARTICLE SHALL BE INSTITUTED WITHIN 3 YEARS AFTER THE
OFFENSE WAS COMMITTED.

Article - Health - General

15-123.                                         

(a)     (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, 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.

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