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PARRIS N. GLENDENING, Governor
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H.B. 354
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(2) FORGERY OR ALTERATION OF A MEDICAL ASSISTANCE
PRESCRIPTION OR A PHARMACY ASSISTANCE PRESCRIPTION DISTRIBUTED UNDER A
STATE HEALTH PLAN;
(3) CONCEALMENT OF A MATERIAL FACT; OR
(4) USING A FALSE NAME OR A FALSE ADDRESS.
(B) A PERSON MAY NOT WILLFULLY KNOWINGLY AND WILLFULLY POSSESS A
MEDICAL ASSISTANCE CARD OR A PHARMACY ASSISTANCE CARD DISTRIBUTED
UNDER A STATE HEALTH PLAN OR THE MEDICAL ASSISTANCE OR PHARMACY
ASSISTANCE PROGRAM ESTABLISHED BY TITLE 15 OF THE HEALTH - GENERAL
ARTICLE WITHOUT THE AUTHORIZATION OF THE PERSON TO WHOM THE CARD IS
ISSUED.
230G.
(A) ANY HEALTH CARE PROVIDER THAT VIOLATES A PROVISION OF THIS
SUBHEADING IS LIABLE TO THE STATE FOR A CIVIL PENALTY NOT MORE THAN
TRIPLE THE AMOUNT OF THE OVERPAYMENT.
(B) THE CIVIL PENALTIES PROVIDED IN THIS SECTION ARE IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY LAW
(C) THIS SECTION MAY NOT BE CONSTRUED TO LIMIT A VICTIM'S RIGHT TO
RESTITUTION UNDER § 807 OF THIS ARTICLE..
230H.
(A) IF A VIOLATION OF THIS SUBHEADING RESULTS IN THE DEATH OF AN
INDIVIDUAL, A PERSON WHO VIOLATES A PROVISION OF THIS SUBHEADING IS
GUILTY OF A FELONY AND ON CONVICTION. IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING LIFE OR A FINE NOT EXCEEDING $200,000 OR BOTH.
(B) IF A VIOLATION OF THIS SUBHEADING RESULTS IN SERIOUS INJURY TO
AN INDIVIDUAL, A PERSON WHO VIOLATES A PROVISION OF THIS SUBHEADING IS
GUILTY OF A FELONY AND ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT
EXCEEDING 20 YEARS OR A FINE NOT EXCEEDING $100,000 OR BOTH.
(C) IF THE VALUE OF THE MONEY, HEALTH CARE SERVICES, OR OTHER GOODS
OR SERVICES INVOLVED IS $500 OR MORE IN THE AGGREGATE, A PERSON WHO
VIOLATES A PROVISION OF THIS SUBHEADING IS GUILTY OF A FELONY AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE
NOT EXCEEDING $100,000 OR BOTH.
(D) A PERSON WHO VIOLATES ANY OTHER PROVISION OF THIS SUBHEADING
IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 3 YEARS OR A FINE NOT EXCEEDING $50,000 OR BOTH.
(E) (1) IN THIS SUBSECTION, "BUSINESS ENTITY" INCLUDES ASSOCIATION,
FIRM, INSTITUTION, PARTNERSHIP, COPARTNERSHIP, AND CORPORATION.
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- 4429 -
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