§ 50-24.8-11.1 — Failure to create, retain, and provide records - Penalty

North Dakota § 50-24.8-11.1

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-24.8: Medicaid Fraud Control Unit

Text

1. A person that submits a claim for or receives a payment for a good or service under
the state's Medicaid program, at the time the good or service is provided, shall create
and retain records as required by rule of the department and chapter 50-24.8.

2. A person that submits a claim for or receives payment for a good or service under the
state's Medicaid program which willfully fails to create records at the time the service
or good is provided, fails to maintain or retain the records for the length of time stated
in the most current provider agreement applicable to that provider, fails to provide
records when requested to do so by the department or attorney general, or destroys
the records in a manner inconsistent with the most current provider agreement
applicable to that provider, is guilty of a class A misdemeanor if the value of the
payments, benefits, kickbacks, bribes, rebates, remuneration, services, or claims
related to the failure to create, retain, or provide records or related to the destruction of
records does not exceed ten thousand dollars and a class C felony if the value is
greater than ten thousand dollars.
3. It is an affirmative defense to a prosecution under this section that the records in
question were lost or destroyed in a natural disaster or by an act that did not result
from the conduct of the defendant.
4. The consequences and punishments under subsections 6 and 7 of section 50-24.8-11
apply to this section.