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H.B. 354
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PARRIS N. GLENDENING, Governor
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5-106.
(a) Except as provided by this section, a prosecution for a misdemeanor shall
be instituted within 1 year after the offense was committed.
(k) A prosecution for [the] A MISDEMEANOR offense [of Medicaid fraud]
under THE FRAUD - STATE HEALTH PLANS SUBHEADING IN Article 27[, § 230B of
this] OF THE Code shall be instituted within 3 years after the offense was committed.
[(w) A prosecution for a Medicaid offense under § 15-123.1 of the Health -
General Article shall be instituted within 3 years after, the offense was committed.]
[(x)] (W) A prosecution under Article 27,- § 146(c) of the Code relating to
computer crimes shall be instituted within 3 years after the offense was committed.
Article - Health - General
15-101.
(i) "Program" means the Maryland Medical Assistance Program.
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.
[(hi)] (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.
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- 4431 -
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