§ 42-4-408 — Failure to maintain records; destruction of records; penalty

(a) A person, after submitting a claim or receiving a
payment for a service or supply under Medicaid, shall not
knowingly fail to maintain records required under Medicaid,
including records that fully disclose the nature of the services
or supplies provided to a recipient.
(b) A person who violates subsection (a) of this section
is guilty of:
(i) A misdemeanor punishable by imprisonment for not
more than thirty (30) days, a fine of not more than seven
hundred fifty dollars ($750.00), or both, if:
(A) The claims for which records were not
maintained are less than twenty-five percent (25%) of the
Medicaid claims submitted by the provider in any consecutive
three (3) month period; and
(B) The amount of the claims for which records
were not maintained is five thousand dollars ($5,000.00) or
more.
(ii) A misdemeanor punishable by imprisonment for not
more than six (6) months, a fine of not more than one thousand
dollars ($1,000.00), or both, if:
(A) The claims for which records were not
maintained are twenty-five percent (25%) or more of the Medicaid
claims submitted by the provider in any consecutive three (3)
month period; and
(B) The amount of the claims for which records
were not maintained is five thousand dollars ($5,000.00) or
more.
(iii) A felony punishable by imprisonment for not
more than five (5) years, a fine of not more than ten thousand
dollars ($10,000.00), or both, if:
(A) The person intended to defraud Medicaid and
the claims for which records were not maintained are twenty-five
percent (25%) or more of the Medicaid claims submitted by the
provider in any consecutive three (3) month period; and
(B) The amount of the claims for which records
were not maintained is five thousand dollars ($5,000.00) or
more.