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Ch. 26
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PARRIS N. GLENDENING, Governor
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STATE HEALTH PLAN IN ORDER TO HELP THE FACILITY, INSTITUTION, OR STATE
HEALTH PLAN QUALIFY TO RECEIVE REIMBURSEMENT UNDER A STATE HEALTH
PLAN.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 230E.
Defined terms: "False representation" § 8-508
"Person" § 1-101
"State health plan" § 8-508
8-514. SAME — OBTAINING BENEFIT BY FRAUD.
A PERSON MAY NOT KNOWINGLY AND WILLFULLY OBTAIN, ATTEMPT TO
OBTAIN, OR AID ANOTHER INDIVIDUAL IN OBTAINING OR ATTEMPTING TO OBTAIN A
DRUG PRODUCT OR MEDICAL CARE, THE PAYMENT OF ALL OR A PART OF WHICH IS
OR MAY BE MADE FROM FEDERAL OR STATE FUNDS UNDER A STATE HEALTH PLAN,
BY:
(1) FRAUD, DECEIT, MISREPRESENTATION, OR CONCEALMENT;
(2) COUNTERFEITING 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.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 230F(a).
In item (2) of this section, the defined term "counterfeit[ing]" is substituted
for the former reference to "[f]]orgery" for consistency within this article.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in item (1) of this section, it is unclear
whether the word "misrepresentation" differs from the term "false
representation" defined in § 8-508 of this subtitle.
Defined terms: "Counterfeit" § 1-101
"Person" § 1-101
"State health plan" § 8-508
8-515. SAME — UNAUTHORIZED POSSESSION OF BENEFIT CARD.
A PERSON MAY NOT 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.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 230F(b).
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- 623 -
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