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5-55-107. Restitution and collection.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-55-107. Restitution and collection.
(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter is required to make full restitution and payment of costs as follows:
(1)(A) The Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents.
(B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and
(2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary expenses incurred during investigation and prosecution of Medicaid fraud.
(b)(1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation:
(A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents;
(B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and
(C) Any other measurable monetary damages directly related to the Medicaid fraud.
(2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205.
(c)(1) In addition to the judgment and commitment order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-55-107
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 7b6ca51eff784ebdeebef2071c53cb2efcad0faa6bde3197f4668ec4a7c19db2
Source location: content.xml paragraph 20805
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5-55-107. Restitution and collection.
(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter is required to make full restitution and payment of costs as follows:
(1)(A) The Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents.
(B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and
(2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary expenses incurred during investigation and prosecution of Medicaid fraud.
(b)(1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation:
(A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents;
(B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and
(C) Any other measurable monetary damages directly related to the Medicaid fraud.
(2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205.
(c)(1) In addition to the judgment and commitment order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent with this section and § 5-55-108.
(2) The restitution order is a judgment against the defendant and has the same effect as any other civil judgment recorded in the state.
(3) The restitution order shall:
(A) Require the defendant to:
(i) Comply with § 16-66-221 by filing a schedule of property; and
(ii) Update the schedule of property on an annual basis until the restitution is paid in full; and
(B) State that:
(i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114; and
(ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.
(d)(1)(A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section.
(B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution.
(C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section.
(2)(A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court.
(B) A defendant shall not be required to pay restitution more than one (1) time.
(3)(A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court.
(B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full.
(e)(1) Restitution ordered for losses to the Arkansas Medicaid Program shall be paid to the Arkansas Medicaid Program Trust Fund and used by the Department of Human Services as required by state law.
(2) Restitution ordered for reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during investigation and prosecution shall be paid to the office of the Attorney General or the prosecuting attorney to be retained and used in future investigations for Medicaid fraud.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-65-114. Interest on judgments.
(a)(1) Except as provided in subdivision (a)(2) of this section, a judgment entered by a court shall bear post-judgment interest and, if appropriate under the facts of the case, prejudgment interest:
(A) In an action on a contract at the rate provided by the contract or at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%), whichever is greater; and
(B) In any other action at a rate equal to the Federal Reserve primary credit rate in effect on the date on which the judgment is entered plus two percent (2%).
(2) Interest on a judgment shall not exceed the maximum rate permitted under Arkansas Constitution, Amendment 89.
(b) A judgment rendered or to be rendered against a county in the state on a county warrant or other evidence of county indebtedness shall not bear interest.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-65-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-65-114. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-66-221. Schedule of property — Filing.
(a) Whenever any resident of this state has any final judgment order of a court of record entered against him or her, he or she shall prepare a schedule, verified by affidavit, of all his or her property, both real and personal, including moneys, bank accounts, rights, credits, and choses in action held by himself or herself or others for him or her and specify the particular property which he or she claims as exempt under the provisions of the law.
(b) The schedule shall be filed with the clerk of the court in which the final judgment order was rendered within forty-five (45) days of entry of the final judgment order.
(c) All final judgment orders of a court of record in this state shall include a provision requiring the judgment debtor to comply with the requirements of this section. However, the absence of the provision from a final judgment shall not invalidate the judgment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-66-221
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-66-221. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-4-205. Restitution.
(a)(1) A defendant who is found guilty or who enters a plea of guilty or nolo contendere to an offense may be ordered to pay restitution.
(2) If the court decides not to order restitution or orders restitution of only a portion of the loss suffered by the victim, the court shall state on the record in detail the reasons for not ordering restitution or for ordering restitution of only a portion of the loss.
(b)(1) Whether a trial court or a jury, the sentencing authority shall make a determination of actual economic loss caused to a victim by the offense.
(2) When an offense has resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant:
(A) Pay the cost of a necessary medical or related professional service or device relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a recognized method of healing;
(B) Pay the cost of necessary physical and occupational therapy and rehabilitation;
(C)(i) Reimburse the victim for income lost by the victim as a result of the offense.
(ii) The maximum that a victim may recover for lost income is fifty thousand dollars ($50,000); and
(D) Pay an amount equal to the cost of a necessary funeral and related services in the case of an offense that resulted in bodily injury that also resulted in the death of a victim.
(3) When an offense has not resulted in bodily injury to a victim, a restitution order entered under this section may require that the defendant reimburse the victim for income lost by the victim as a result of the offense.
(4)(A) The determination of the amount of loss is a factual question to be decided by the preponderance of the evidence presented to the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-4-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-4-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-55-108. Fines.
(a) Any person who is found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall pay one (1) of the following fines:
(1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000) for each omission or fraudulent act or claim; or
(2) If a monetary loss is incurred by the Arkansas Medicaid Program, a fine of an amount not less than the amount of the monetary loss to the Arkansas Medicaid Program and not more than three (3) times the amount of the monetary loss to the Arkansas Medicaid Program.
(b)(1) The fines described in subdivision (a)(2) of this section may be waived by the prosecuting attorney.
(2) If the fines are waived, the trier of fact may impose fines under § 5-4-201.
(c) All fines assessed under subsection (a) of this section shall be credited to the general revenues of the State of Arkansas.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-55-108. This identifies an authority to review, not proof of applicability.