26-20-7 - False claims for medical benefits prohibited.
               	 		 26-20-7.    False claims for medical benefits prohibited.
      (1)  A person may not make or present or cause to be made or presented to an employeeor officer of the state a claim for a medical benefit:
      (a)  which is wholly or partially false, fictitious, or fraudulent;
      (b)  for services which were not rendered or for items or materials which were notdelivered;
      (c)  which misrepresents the type, quality, or quantity of items or services rendered;
      (d)  representing charges at a higher rate than those charged by the provider to the generalpublic;
      (e)  for items or services which the person or the provider knew were not medicallynecessary in accordance with professionally recognized standards;
      (f)  which has previously been paid;
      (g) for services also covered by one or more private sources when the person or providerknew of the private sources without disclosing those sources on the claim; or
      (h)  where a provider:
      (i)  unbundles a product, procedure, or group of procedures usually and customarilyprovided or performed as a single billable product or procedure into artificial components orseparate procedures; and
      (ii)  bills for each component of the product, procedure, or group of procedures:
      (A)  as if they had been provided or performed independently and at separate times; and
      (B)  the aggregate billing for the components exceeds the amount otherwise billable forthe usual and customary single product or procedure.
      (2)  In addition to the prohibitions in Subsection (1), a person may not:
      (a)  fail to credit the state for payments received from other sources;
      (b)  recover or attempt to recover payment in violation of the provider agreement from:
      (i)  a recipient under a medical benefit program; or
      (ii)  the recipient's family;
      (c)  falsify or alter with intent to deceive, any report or document required by state orfederal law, rule, or Medicaid provider agreement;
      (d)  retain any unauthorized payment as a result of acts described by this section; or
      (e)  aid or abet the commission of any act prohibited by this section.
Amended by Chapter 48, 2007 General Session