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Senate Study Bill 33

Bill Text

PAG LIN
  1  1    Section 1.  Section 239.14, Code 1997, is amended to read
  1  2 as follows:
  1  3    239.14  FRAUDULENT ACTS PRACTICES.
  1  4    Whoever A person who obtains, or attempts to obtain, or
  1  5 aids or abets any person to obtain, by means of a willfully
  1  6 false statement, omission, or representation, or by
  1  7 impersonation, or any fraudulent device, any assistance under
  1  8 this chapter to which the recipient is not entitled, shall be
  1  9 guilty of commits a fraudulent practice.
  1 10    Sec. 2.  Section 239.17, Code 1997, is amended to read as
  1 11 follows:
  1 12    239.17  RECOVERY OF ASSISTANCE OBTAINED BY FRAUDULENT ACT
  1 13 PRACTICE.
  1 14    A person who obtains, or attempts to obtain, or aids or
  1 15 abets any person to obtain, by means of a willfully false
  1 16 statement, omission, or representation, or by impersonation or
  1 17 any fraudulent device, assistance to which the recipient is
  1 18 not entitled, is personally liable for the amount of
  1 19 assistance thus obtained.  The amount of the assistance may be
  1 20 recovered from the offender or the offender's estate in an
  1 21 action brought or by claim filed in the name of the state and
  1 22 the recovered funds shall be deposited in the family
  1 23 investment program account.  The action or claim filed in the
  1 24 name of the state shall not be considered an election of
  1 25 remedies to the exclusion of other remedies.
  1 26    Sec. 3.  Section 249A.7, unnumbered paragraph 1, Code 1997,
  1 27 is amended to read as follows:
  1 28    A person who obtains assistance or payments for medical
  1 29 assistance under this chapter by misrepresentation or failure,
  1 30 with fraudulent intent, to bring forth all the facts knowingly
  1 31 making, or causing to be made, a false statement, a
  1 32 misrepresentation of facts, or an omission of facts required
  1 33 of an applicant for aid under the provisions of this chapter
  1 34 and or a person who knowingly makes, or causes to be made, a
  1 35 false statements statement, a misrepresentation of facts, or
  2  1 an omission of facts concerning the applicant's eligibility
  2  2 for aid under this chapter shall be guilty of commits a
  2  3 fraudulent practice.
  2  4    Sec. 4.  Section 249A.8, Code 1997, is amended to read as
  2  5 follows:
  2  6    249A.8  FRAUDULENT PRACTICE.
  2  7    A person who knowingly makes or causes to be made false
  2  8 statements, omissions, or misrepresentations of material facts
  2  9 in application for payment of services or merchandise rendered
  2 10 or purportedly rendered by a provider participating in the
  2 11 medical assistance program under this chapter is guilty of
  2 12 commits a fraudulent practice.  
  2 13                           EXPLANATION
  2 14    This bill relates to fraudulent practices involving family
  2 15 investment and medical assistance program benefits and makes
  2 16 penalties applicable.
  2 17    Section 239.14, relating to fraudulent acts to obtain
  2 18 family investment program assistance, is amended to include as
  2 19 a fraudulent practice willful omissions of facts to obtain
  2 20 assistance.  Section 239.17, relating to recovery of
  2 21 assistance obtained by a fraudulent act, is amended in a
  2 22 similar manner.
  2 23    Section 249A.7 relates to investigations and audits of
  2 24 fraudulent practices involving payment under medical
  2 25 assistance for aid, services, or merchandise when an applicant
  2 26 has not provided facts needed.  The section is amended to
  2 27 include as a fraudulent practice knowingly making or causing
  2 28 to be made, a false statement, a misrepresentation of facts,
  2 29 or an omission of facts required of an applicant or concerning
  2 30 an applicant's eligibility.
  2 31    Section 249A.8 relates to fraudulent practices involving an
  2 32 application for payment under the medical assistance program
  2 33 for services or merchandise rendered or purportedly rendered
  2 34 by a provider under the program.  The section is amended to
  2 35 include as a fraudulent practice omissions of material facts
  3  1 in application for payment.
  3  2    The criminal penalties for fraudulent practices are found
  3  3 in chapter 714.  Chapter 714 provides for five degrees of
  3  4 fraudulent practices ranging from first degree involving a
  3  5 value in excess of $10,000, which is a class "C" felony, to
  3  6 the fifth degree involving a value of less than $100, which is
  3  7 a simple misdemeanor.  
  3  8 LSB 1270DP 77
  3  9 jp/sc/14
     

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