Nebraska § 68-936 Presentation of
false medicaid claim; civil liability; violation
of act; civil penalty; damages; costs
and attorney's fees

Nebraska Statutes

§ 68-936 — Presentation of false medicaid claim; civil liability; violation of act; civil penalty; damages; costs and attorney's fees

Nebraska·Ch. 68 Public Assistance

(1)A person presents a false medicaid claim and is subject to civil liability if such person:

(a)Knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;

(b)Knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;

(c)Conspires to commit a violation of the False Medicaid Claims Act;

(d)Has possession, custody, or control of property or money used, or to be used, by the state and knowingly delivers, or causes to be delivered, less than all of the money or property;

(e)Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the state and, intending to defraud the state, makes or delivers the receipt knowing that the information on the rec

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(1) A person presents a false
medicaid claim and is subject to civil liability if such person:
(a) Knowingly presents, or causes to be presented, a
false or fraudulent claim for payment or approval;
(b) Knowingly makes, uses, or causes to be made
or used, a false record or statement material to a false or fraudulent claim;
(c) Conspires to commit a
violation of the False Medicaid Claims Act;
(d) Has possession, custody, or control of property or money
used, or to be used, by the state and knowingly delivers, or causes to be delivered,
less than all of the money or property;
(e) Is authorized
to make or deliver a document certifying receipt of property used, or to be
used, by the state and, intending to defraud the state, makes or delivers
the receipt knowing that the information on the receipt is not true;
(f) Knowingly
buys, or
receives as a pledge of an obligation or debt, public property from any officer
or employee of the state who may
not lawfully sell or pledge such property; or
(g) Knowingly makes, uses,
or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property
to the state or knowingly conceals, avoids, or decreases an obligation to
pay or transmit money or property to the state.
(2) A person who commits a violation of the False Medicaid
Claims Act is subject to, in addition to any other remedies that
may be prescribed by law, a civil penalty of not more than ten thousand dollars.
In addition to any civil penalty, any such person may be subject to damages in the
amount of three times the amount of the false claim because of the act of that person.
(3) If the state is the prevailing party in an action under
the False Medicaid Claims Act, the defendant, in addition to penalties and
damages, shall pay the state's costs and attorney's fees for the civil action
brought to recover penalties or damages under the act.
(4) Liability under this section is joint and several for
any act committed by two or more persons.

Nebraska § 68-936 (Presentation of false medicaid claim; civil liability; violation of act; civil penalty; damages; costs and attorney's fees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1996, LB 1155, § 69; Laws 1997, LB 307, § 110; R.S.1943, (2003), § 68-1037.03; Laws 2004, LB 1084, § 3; R.S.Supp.,2004, § 68-1075; Laws 2006, LB 1248, § 36; Laws 2013, LB277, § 2.