S.B. 649

VETOES

CARE SERVICES AVAILABLE OR RENDERED, AND THE QUALIFICATIONS OF A
PERSON THAT IS RENDERING HEALTH CARE OR ANCILLARY SERVICES.

(7) (8) "SERIOUS BODILY INJURY' MEANS A BODILY INJURY THAT
INVOLVES:

(I)       A SUBSTANTIAL RISK OF DEATH;

(II)     EXTREME PHYSICAL PAIN;

(III)    PROTRACTED AND OBVIOUS DISFIGUREMENT; OR

(IV)    PROTRACTED LOSS OR IMPAIRMENT OF THE FUNCTION OF A
BODY PART, ORGAN, OR MENTAL FACULTY.

(B)     (1) A PERSON MAY NOT COMMIT MEDICAID HEALTH PLAN FRAUD.

(2)      IF THE VALUE OF THE MONEY, GOODS, OR SERVICES OR HEALTH
CARE SERVICES, OR OTHER GOODS OR SERVICES INVOLVED IS LESS THAN $500 IN THE
AGGREGATE, A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN
$50,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR BOTH.

(3)      IF THE VALUE OF THE MONEY, GOODS. OR SERVICES OR HEALTH
CARE SERVICES. OR OTHER GOODS OR SERVICES INVOLVED IS $500 OR MORE IN THE
AGGREGATE, A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A FELONY
AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $100,000 OR
IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH.

(C)     (1) A PERSON MAY NOT MAKE FALSE STATEMENTS REPRESENTATIONS
RELATING TO MEDICAID HEALTH PLANS.

(2) A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A
MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN
$50,000 OR IMPRISONMENT FOR NOT MORE THAN 3 YEARS OR BOTH.

(D)     (1) IF A VIOLATION RESULTS IN SERIOUS BODILY INJURY TO AN
INDIVIDUAL. A PERSON WHO VIOLATES SUBSECTION (B) OR (C) OF THIS SECTION IS
GUILTY OF A FELONY AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE
THAN $100,000 OR IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR BOTH.

(2) IF A VIOLATION RESULTS IN THE DEATH OF AN INDIVIDUAL. A
PERSON WHO VIOLATES SUBSECTION (B) OR (C) OF THIS SECTION IS GUILTY OF A
FELONY AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $200,000
OR IMPRISONMENT FOR NOT MORE THAN LIFE OR BOTH.

(E)     UNLESS A GREATER FINE IS AUTHORIZED UNDER THIS SECTION, A
PERSON WHO THAT IS NOT AN INDIVIDUAL AND THAT VIOLATES SUBSECTION (B) OR
(C) OF THIS SECTION IS SUBJECT TO A FINE OF NOT MORE THAN:

(1)      $50,000 $100,000 FOR EACH MISDEMEANOR; AND

(2)      $250,000 FOR EACH FELONY.

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