(a) (1) It is unlawful for any person to commit medicaid fraud as prohibited by § 5-55-111.
(2) Medicaid fraud is a:
(A) Class B felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more; and
(B) Class C felony if the aggregate amount of payments illegally claimed is less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200).
(3) Otherwise, medicaid fraud is a Class A misdemeanor.
(b) (1) A person commits illegal medicaid participation if:
(A) Having been found guilty of or having pleaded guilty or nolo contendere to the charge of medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq., that person participates directly or indirectly in the Arkansas Medicaid Program; or
(B) As a certified health provider, enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or the fiscal agent of the certified health provider, employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq.
(2) Illegal medicaid participation is a:
(A) Class A misdemeanor for the first offense;
(B) Class D felony for the second offense; and
(C) Class C felony for the third offense and subsequent offenses.
Section: Previous 5-55-102 5-55-103 5-55-104 5-55-105 5-55-106 5-55-107 5-55-108 5-55-109 5-55-110 5-55-111 5-55-112 5-55-113 5-55-114 NextLast modified: November 15, 2016