§ 5-55-103 - Unlawful acts -- Classification.
5-55-103. Unlawful acts -- Classification.
(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.