For purposes of the False Medicaid Claims Act:
(1)Attorney General means the Attorney General, the office
of the Attorney General, or a designee of the Attorney General;
(2)Claim means
any request or demand, whether under a contract or otherwise, for money or
property, and whether or not the state has title to the money or property,
that:
(a)Is presented to an officer, employee, or agent of the state;
or
(b)Is made to a contractor, grantee, or other recipient, if the
money or property is to be spent or used on the state's behalf or to advance
a state program or interest, and if the state:
(i)Provides or has provided
any portion of the money or property requested or demanded; or
(ii)Will reimburse
such contractor, grantee, or other recipient for any portion of the money
or property wh
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For purposes of the False Medicaid Claims Act:
(1) Attorney General means the Attorney General, the office
of the Attorney General, or a designee of the Attorney General;
(2) Claim means
any request or demand, whether under a contract or otherwise, for money or
property, and whether or not the state has title to the money or property,
that:
(a) Is presented to an officer, employee, or agent of the state;
or
(b) Is made to a contractor, grantee, or other recipient, if the
money or property is to be spent or used on the state's behalf or to advance
a state program or interest, and if the state:
(i) Provides or has provided
any portion of the money or property requested or demanded; or
(ii) Will reimburse
such contractor, grantee, or other recipient for any portion of the money
or property which is requested or demanded;
(3)
Good or service includes (a) any particular item, device, medical supply,
or service claimed to have been provided to a recipient and listed in an itemized
claim for payment and (b) any entry in the cost report, books of account,
or other documents supporting such good or service;
(4)(a) Knowing and knowingly means that a person, with respect
to information:
(i) Has actual knowledge of the information;
(ii) Acts in deliberate ignorance
of the truth or falsity of the information; or
(iii) Acts in reckless disregard
of the truth or falsity of the information.
(b) Acts committed
in a knowing manner or committed knowingly shall not require proof of a specific
intent to defraud;
(5) Material means having a natural tendency to influence or be
capable of influencing the payment or receipt of money or property;
(6) Obligation
means an established duty, whether or not fixed, arising from (a) an express
or implied contractual, grantor-grantee, or licensor-licensee relationship,
(b) a fee-based or similar relationship, (c) statute or rule or regulation,
or (d) the retention of any overpayment;
(7) Person means any body politic or corporate,
society, community, the public generally, individual, partnership, limited
liability company, joint-stock company, or association; and
(8) Recipient means an individual
who is eligible to receive goods or services for which payment may be made
under the medical assistance program.