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Ch. 259
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2000 LAWS OF MARYLAND
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15-123.
(a) (1) [(i)] In this [subsection] SECTION the following words have the
meanings indicated.
[(ii)] (2) "Convicted" includes being convicted after a plea of nolo
contendere.
[(iii)] (3) "Fraud" includes the commission of or an attempt or
conspiracy to commit [a crime such as] THE CRIMES OF concealment of medical
records, [embezzlement, false pretenses, larceny, larceny after trust, Medicaid fraud,
Medicaid health plan fraud] VIOLATION UNDER THE FRAUD - STATE HEALTH PLANS
SUBHEADING OF ARTICLE 27 OF THE CODE, false representations relating to Medicaid
health plans, misappropriation by a fiduciary, [or] AND 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)] (B) A [person] HEALTH CARE PROVIDER who is convicted of fraud
in connection with the Program or a similar FEDERAL OR STATE 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 representation" means:
(i) Knowingly and willfully concealing, falsifying, or omitting a
material fact; or
(ii) Knowingly and willfully making a materially false or
fraudulent statement or using a document that contains a materially false or
fraudulent statement.
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- 1592 -
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