§ 43-13-201. Short title
This article shall be known and may be cited as the “Medicaid Fraud Control Act.”
§ 43-13-203. Definitions
As used in this article: “Benefit” means the receipt of money, goods, services or anything of pecuniary value. “False statement” or “false representation” means a statement or representation knowingly and wilfully made by a person knowing of the falsity of the statement or representation. “Knowing” and “knowingly” means that a person is aware of the […]
§ 43-13-205. False representations or statements in application for Medicaid benefits; concealment or nondisclosure of facts
A person shall not knowingly make or cause to be made a false representation of a material fact in an application for Medicaid benefits. A person shall not knowingly make or cause to be made a false statement of a material fact for use in determining rights to a Medicaid benefit. A person, who having […]
§ 43-13-207. Kickbacks and bribes
A person shall not solicit, offer or receive a kickback or bribe in the furnishing of goods or services for which payment is or may be made in whole or in part pursuant to the Medicaid program, or make or receive any such payment, or receive a rebate of a fee or charge for referring […]
§ 43-13-209. False statements or false representations as to conditions or operation of institution or facility
A person shall not knowingly and wilfully make, induce or seek to induce the making of a false statement or false representation of a material fact with respect to the conditions or operation of an institution or facility in order that the institution or facility may qualify, upon initial certification or upon recertification, to receive […]
§ 43-13-211. Conspiracy
A person shall not enter into an agreement, combination or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious or fraudulent claim for Medicaid benefits.
§ 43-13-213. False or fraudulent claim
A person shall not make, present or cause to be made or presented a claim for Medicaid benefits, knowing the claim to be false, fictitious or fraudulent.
§ 43-13-215. Penalties
A person who violates any provision of Sections 43-13-205 through 43-13-213 shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both. Sentences imposed for convictions of separate offenses under […]
§ 43-13-217. Evidentiary matters concerning false statements or representations
In any prosecution under this article, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past on the part of persons acting on his behalf, nor to show that the person had actual notice that the acts by persons acting on his behalf occurred, […]
§ 43-13-219. Medicaid fraud control unit
There is hereby created within the office of the attorney general a “Medicaid Fraud Control Unit.” The unit shall consist of a director appointed by the attorney general and such attorneys, auditors, investigator and other such personnel as are necessary to conduct the activities of the unit.
§ 43-13-221. Attorney General; investigation and prosecution; investigator status as law enforcement officer
The Attorney General, acting through the Director of the Fraud Control Unit, may, in any case involving alleged violations of this article, conduct an investigation or prosecution. In conducting such actions, the Attorney General, acting through the director, shall have all the powers of a district attorney, including the powers to issue or cause to […]
§ 43-13-223. Jurisdiction; service of process
An action brought in connection with any matter under this article may be filed in the circuit court of the First Judicial District of Hinds County or in the circuit court of the county in which the defendant resides, and may be prosecuted to final judgment in satisfaction there. Process issued by a court in […]
§ 43-13-225. Civil liability and penalty of health care provider
A health care provider or vendor committing any act or omission in violation of this article shall be directly liable to the state and shall forfeit and pay to the state a civil penalty equal to the full amount received, plus an additional civil penalty equal to triple the full amount received. A criminal action […]
§ 43-13-227. Injunction; appointment of receiver for residential health care facility
As a means of protecting the health, safety and welfare of patients in residential health care facilities, including hospitals and nursing homes, whenever there is probable cause that any acts or omissions in violation of this article have been committed by a person who is in control of assets purchased, in whole or in part, […]
§ 43-13-229. Inspection and audit of health care provider records; cessation of reimbursement for failure to disclose
During any investigation under this article, the attorney general, acting through the director of the fraud control unit, shall have the right to audit and to inspect the records of any health care provider or vendor of Medicaid benefits. Reimbursement under the Medicaid program shall not be available for services furnished by a provider or […]
§ 43-13-231. Power of local authorities
The powers of the attorney general, acting through the director of the fraud control unit, under this article shall not diminish the powers of local authorities to investigate and/or prosecute criminal conduct within their respective jurisdictions.
§ 43-13-233. Existing law not affected
Nothing in this article shall in any way limit any penalties or remedies which may be available under any other statute or law of this state.