(1) A person
commits medicaid fraud and waste when that person knowingly and willfully:
(a) With intent to defraud, makes a claim, or causes a claim to be made,
knowing the claim contains material information that is false, in whole or in part, by
commission or omission;
(b) With intent to defraud, makes a statement or representation, or causes a
statement or representation to be made, for use in obtaining or seeking to obtain
authorization to provide a good or a service, knowing the statement or
representation contains material information that is false, in whole or in part, by
commission or omission;
(c) With intent to defraud, makes a statement or representation, or causes a
statement or representation to be made, for use by another in obtaining a good or a
service under the medicaid program, knowing the statement or representation
contains material information that is false, in whole or in part, by commission or
omission;
(d) With intent to defraud, makes a statement or representation, or causes a
statement or representation to be made, for use in qualifying as a provider of a
good or service under the medicaid program, knowing the statement or
representation contains material information that is false, in whole or in part, by
commission or omission;
(e) With intent to defraud, signs or submits, or causes to be signed or
submitted, a statement described in section 24-31-807 with the knowledge that the
application, report, claim, or invoice for services provided under contract contains
material information that is false, in whole or in part, by commission or omission;
(f) Except as authorized by law, and without consent of the beneficiary,
charges any beneficiary money or other consideration in addition to or in excess of
rates of remuneration established under the medicaid program for the services
provided to the beneficiary;
(g) Having submitted a claim for or received payment for a good or a service
under the medicaid program:
(I) With the intent to prevent their disclosure and review by representatives
of the state or their designees, alters, falsifies, or conceals any records that are
necessary to fully disclose the nature of all goods or services for which the claim
was submitted, or for which reimbursement was received; destroys or removes such
records; or fails to maintain such records as required by law or the rules of the
department of health care policy and financing for a period of at least six years
following the date on which payment was received; or
(II) Alters, falsifies, or conceals any records that are necessary to disclose
fully all income and expenditures upon which rates of reimbursements were based,
or destroys or removes such records with the intent to prevent their review by
representatives of the state or their designees;
(h) Makes or causes to be made a statement or representation for use in
qualifying as a provider of a good or service under the medicaid program stating
that he or she is in compliance with all provisions of section 25.5-4-416, knowing
that the statement or representation contains material information that is false, in
whole or in part, through commission or omission; or
(i) Except as authorized by law, and without consent of the beneficiary,
recovers or attempts to recover payment from a beneficiary under the medicaid
program or from the beneficiary's family or fails to credit the state for payments
received from other sources.
(2) Absent knowing or willful conduct, a provider is not liable for medicaid
fraud and waste committed by a third party. A provider does not knowingly and
willfully violate a requirement, standard, or directive contained in written materials
issued by the department of health care policy and financing that was not
promulgated in accordance with the State Administrative Procedure Act, article 4
of title 24, unless the provider has actual knowledge of such requirement, standard,
or directive at the time of the violation.
(3) Medicaid fraud in violation of subsections (1)(a) to (1)(c) or (1)(f) of this
section is:
(a) A petty offense if the aggregate amount of payments illegally claimed or
received is less than three hundred dollars;
(b) Repealed.
(c) A class 2 misdemeanor if the aggregate amount of payments illegally
claimed or received is three hundred dollars or more but less than one thousand
dollars;
(d) A class 1 misdemeanor if the aggregate amount of payments illegally
claimed or received is one thousand dollars or more but less than two thousand
dollars;
(e) A class 6 felony where the aggregate amount of payments illegally
claimed or received is two thousand dollars or more but less than five thousand
dollars;
(f) A class 5 felony where the aggregate amount of payments illegally
claimed or received is five thousand dollars or more but less than twenty thousand
dollars;
(g) A class 4 felony where the aggregate amount of payments illegally
claimed or received is twenty thousand dollars or more but less than one hundred
thousand dollars;
(h) A class 3 felony where the aggregate amount of payments illegally
claimed or received is one hundred thousand dollars or more but less than one
million dollars; and
(i) A class 2 felony where the aggregate amount of payments illegally
claimed or received is one million dollars or more.
(4) Medicaid fraud as a violation of subsection (1)(d), (1)(e), (1)(g), (1)(h), or (1)(i)
of this section is a class 5 felony and shall be punished as provided in section 18-1.3-401.
(5) A person may not be convicted of medicaid fraud and waste in addition to
theft or forgery with respect to the same transaction.