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Sunday, October 19, 2008

2008 House Bill 5757 (Increase Medicaid false claim penalty ) (House Roll Call 175)

2008 House Bill 5757 (Increase Medicaid false claim penalty ) (House Roll Call 175)

Passed in the House (105 to 0) on March 13, 2008, to add a civil fine of at least $5,000 and up to $10,000 to the existing penalty for making a false Medicaid claim, which is triple the damages suffered by the state for the false claim. The bill would also prohibit using a false record or statement to conceal, avoid, or decrease an obligation to make a payment to the state related to a Medicaid claim.
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State False Claims Act Reviews

As enacted by section 6031 of the Deficit Reduction Act of 2005, section 1909 of the Social Security Act (Act) provides a financial incentive for States to enact false claims acts that establish liability to the State for the submission of false or fraudulent claims to the State’s Medicaid program. If a State false claims act is determined to meet certain enumerated requirements, the State is entitled to an increase of 10 percentage points in the State medical assistance percentage, as determined by section 1905(b) of the Social Security Act, with respect to any amounts recovered under a State action brought under such a law.

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