|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
H.B. 354
|
|
|
|
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
|
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
230A.
(a) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO A VIOLATION OF §§
230B THROUGH 230F OF THIS ARTICLE.
(B) (1) [Any] A person who fraudulently obtains, attempts to obtain, or aids
another person in fraudulently obtaining or attempting to obtain money, property,
food stamps, [medical care] or other assistance other than Medicaid to which [he]
THE PERSON is not entitled, under a social, [health,] or nutritional program based on
need, financed in whole or in part by the State of Maryland, and administered by the
State or its political subdivisions is guilty of a misdemeanor. For purposes of this
section, fraud shall include:
[(1)](I) Wilfully making a false statement or representation;
[(2)] (II) Wilfully failing to disclose a material change in household or
financial condition; or
[(3)] (III) Impersonating another person.
[(b)] (2) Upon conviction, after notice and the opportunity to be heard as to
the amount of payment and how the payment is to be made, the person shall make
full restitution of the money, property, food stamps, [medical care] or other assistance
unlawfully received, or the value thereof, and shall be fined not more than $1,000 or
imprisoned for not more than three years, or both fined and imprisoned.
(C) (1) AN APPLICATION FOR MONEY, PROPERTY, FOOD STAMPS, OR OTHER
ASSISTANCE, UNDER A SOCIAL OR NUTRITIONAL PROGRAM BASED ON NEED,
FINANCED IN WHOLE OR IN PART BY THE STATE, AND ADMINISTERED BY THE
DEPARTMENT OF HUMAN RESOURCES, THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, OR THE LOCAL DEPARTMENT OF SOCIAL SERVICES, WHETHER UNDER
THIS OR ANY OTHER ARTICLE IN THIS CODE, SHALL BE IN WRITING AND SIGNED BY
THE APPLICANT.
(2) ANY PERSON WHO IN MAKING AND SIGNING THE APPLICATION
REQUIRED IN PARAGRAPH (1) OF THIS SUBSECTION MAKES A FALSE OR
FRAUDULENT STATEMENT WITH INTENT TO OBTAIN ANY SUCH MONEY, PROPERTY,
FOOD STAMPS, OR OTHER ASSISTANCE IS GUILTY OF PERJURY AND ON CONVICTION
IS SUBJECT TO THE PENALTIES PROVIDED BY LAW FOR PERJURY.
Fraud - [Medical Assistance] STATE HEALTH PLANS
[230B.
(a) In this subheading, the following words have the meanings indicated.
(b) "Medicaid fraud" means:
|
|
|
|
|
|
|
|
|
|
- 4424 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
