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H.B. 354
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VETOES
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(9) Possessing a medical assistance card or pharmacy assistance card
without the authorization of the person to whom the card is issued.
(c) "Person" includes associations, firms, institutions, partnerships,
copartnerships, or corporations, and any member, agent, officer, or employee of any of
them.]
[230C.
It is unlawful to commit Medicaid fraud.]
[230D.
(a) Every person convicted of the crime of Medicaid fraud in which the value of
the money, services, or goods involved is $500 or more is guilty of a felony, and shall:
(1) Make full restitution of the money, services, or goods, or the value of
those services or goods unlawfully received;
(2) Be subject to a fine of not more than $10,000, and imprisonment for a
period not to exceed five years, or both.
(b) Every person convicted of the crime of Medicaid fraud in which the value of
the money, services, or goods involved is less than $500 is guilty of a misdemeanor,
and shall:
(1) Make restitution of the money, services, or goods, or the value of
those services or goods unlawfully received;
(2) Be subject to a fine of not more than $1,000, and imprisonment for a
period not to exceed three years, or both.]
230B.
(A) IN THIS SUBHEADING THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) "FALSE REPRESENTATION" MEANS:
(1) WILLFULLY KNOWINGLY AND WILLFULLY CONCEALING,
FALSIFYING, OR OMITTING A MATERIAL FACT; OR
(2) WILLFULLY KNOWINGLY AND WILLFULLY MAKING A MATERIALLY
FALSE OR FRAUDULENT STATEMENT OR WILLFULLY KNOWINGLY AND WILLFULLY
USING A DOCUMENT THAT CONTAINS A STATEMENT OF MATERIAL FACT THAT THE
USER KNOWS TO BE FALSE OR FRAUDULENT.
(C) (1) "HEALTH CARE SERVICE" MEANS HEALTH OR MEDICAL CARE
PROCEDURES, GOODS, OR SERVICES THAT:
(I) PROVIDE TESTING, DIAGNOSIS, OR TREATMENT OF HUMAN
DISEASE OR DYSFUNCTION; OR
(II) DISPENSE DRUGS, MEDICAL DEVICES, MEDICAL APPLIANCES,
OR MEDICAL GOODS FOR THE TREATMENT OF HUMAN DISEASE OR DYSFUNCTION.
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- 4426 -
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