Report Title:

Medical assistance fraud

 

Description:

Strengthens medical assistance fraud provisions. Makes property and proceeds obtained as a result of medical assistance fraud subject to forfeiture to the State.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

300

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO MEDICAL ASSISTANCE FRAUD.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 346-43.5, Hawaii Revised Statutes, is amended to read as follows:

	"[[]§346-43.5[]] Medical assistance frauds, penalties. [It is unlawful for any person to knowingly and wilfully make or cause to be made to the medical assistance program any false statement or representation of a material fact in any application for any benefit or payment for furnishing services or supplies, or for the purpose of obtaining greater compensation than that to which the person is legally entitled, or for the purpose of obtaining authorization for furnishing services or supplies.] (a)  It is unlawful for any person to obtain, or attempt to obtain, for that person or any other person, any medical assistance or other benefits or payments under this chapter to which the person is not entitled, or in an amount greater than that to which the person is entitled, when the assistance, benefit, or payment is obtained, or attempted to be obtained, by:

(1) Knowingly and wilfully making a false statement or false representation;

(2) Deliberate concealment of any material fact; or

(3) Any fraudulent scheme or device.

(b) Violation of this section shall be a class C felony. The enforcement of remedies provided under this section are not exclusive and shall not preclude the use of any other criminal or civil remedy.

(c) All property and proceeds obtained by a person through or as a result of a violation of this section are subject to forfeiture in accordance with chapter 712A."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

 

 

INTRODUCED BY:

 

 

 

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