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5-55-109. Criminal penalties and civil penalties mutually exclusive.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-55-109. Criminal penalties and civil penalties mutually exclusive.

5-55-109. Criminal penalties and civil penalties mutually exclusive. Section 5-55-107, which provides for additional criminal fines, and the Medicaid Fraud False Claims Act, § 20-77-901 et seq., which provides for civil penalties, shall not both be applied to the same payment received or claim made by any person under the Arkansas Medicaid Program or its fiscal agents.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-55-109

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:5-55-109
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e52fcf14d6a1f36b4433b0af4afb11791037b260cbface78d967b6a398a09ec8

Source location: content.xml paragraph 20854

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Arkansas Code — all titles (historical 2020) · legal_authorities

20-77-901. Definitions.

20-77-901. Definitions. As used in this subchapter: (1) “Arkansas Medicaid Program” means the program authorized under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., that provides for payments for medical goods or services on behalf of indigent families with dependent children and of aged, blind, or disabled individuals whose income and resources are insufficient to meet the cost of necessary medical services, including all transactions through the actual delivery of healthcare goods or services to a Medicaid recipient regardless of whether the healthcare goods or services are paid for directly by the Department of Human Services or indirectly through a fiscal agent, contractor, subcontractor, risk-based provider organization, managed care organization, or individual; (2)(A) “Claim” means any request or demand for money or property, regardless of whether under a contract, that: (i) Is presented to an officer, employee, agent, or fiscal agent of the Arkansas Medicaid Program; and (ii) Is made to a contractor, grantee, or other recipient if: (a) The money or property is spent or used on behalf of the Arkansas Medicaid Program or to advance the Arkansas Medicaid Program or its interest; and (b) The Arkansas Medicaid Program: (1) Provides or has provided any portion of the money or property requested or demanded; or (2) Is reimbursing the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded. (B) “Claim” includes: (i) Billing documentation; (ii) All documentation required to be created or maintained by law or rule to justify, support, or document the delivery of healthcare goods or services to a Medicaid recipient; (iii) All documentation submitted to justify or help establish

Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-77-901

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 20-77-901. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

5-55-107. Restitution and collection.

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. The source passage cites 5-55-107. This identifies an authority to review, not proof of applicability.