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PARRIS N. GLENDENING, Governor
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Ch. 26
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"section" to reflect the reorganization of material derived from former Art.
27, § 230A, although this part is derived, in part, from material outside
former Art. 27, § 230A. Because violations of Part II of this subtitle, which
covers Medicaid fraud, are not violations of § 8-505 of this part, which
deals with food programs and is the only provision derived from outside
former Art. 27, § 230A, no substantive change is intended.
8-503. PUBLIC ASSISTANCE FRAUD.
(A) SCOPE OF SECTION.
THIS SECTION APPLIES TO MONEY, PROPERTY, FOOD STAMPS, OR OTHER
ASSISTANCE THAT IS PROVIDED UNDER A SOCIAL OR NUTRITIONAL PROGRAM BASED
ON NEED THAT IS:
(1) FINANCED WHOLLY OR PARTLY BY THE STATE; AND
(2) ADMINISTERED BY THE STATE OR A POLITICAL SUBDIVISION OF THE
STATE.
(B) PROHIBITED.
BY FRAUD, A PERSON MAY NOT OBTAIN, ATTEMPT TO OBTAIN, OR HELP
ANOTHER PERSON TO OBTAIN OR ATTEMPT TO OBTAIN, MONEY, PROPERTY, FOOD
STAMPS, OR OTHER ASSISTANCE TO WHICH THE PERSON IS NOT ENTITLED.
(C) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $1,000 OR BOTH.
(D) RESTITUTION.
(1) A PERSON WHO IS CONVICTED OF A VIOLATION OF THIS SECTION
SHALL MAKE FULL RESTITUTION OF THE MONEY OR THE VALUE OF THE PROPERTY,
FOOD STAMPS, OR OTHER ASSISTANCE OBTAINED BY THE PERSON IN VIOLATION OF
THIS SECTION.
(2) FULL RESTITUTION UNDER PARAGRAPH (1) OF THIS SUBSECTION
SHALL BE MADE AFTER THE PERSON HAS RECEIVED NOTICE AND HAS BEEN GIVEN
THE OPPORTUNITY TO BE HEARD AS TO THE AMOUNT OF PAYMENT AND HOW IT IS
TO BE MADE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 230A(b)(2) and the first sentence of (1).
In subsection (a) of this section, the former reference to money or
assistance "other than Medicaid" is deleted as redundant of the exclusion
of Medical Assistance Program matters under § 8-502 of this part.
In subsection (d)(1) of this section, the reference to restitution for the value
of the assistance "obtained by the person in violation of this section" is
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- 617 -
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