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SENATE BILL No. 559

Citations Affected: IC 12-7-2-137; IC 12-15-2-20.

Synopsis: Fraud. Sets forth the Medicaid ineligibility time frame for a person who is convicted of forgery, fraud, legend drug deception, and other deceptions related to the application for or receipt of Medicaid assistance.

Effective: July 1, 2013.

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Hershman

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    January 14, 2013, read first time and referred to Committee on Health and Provider Services.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning fraud.

SOURCE: IC 12-7-2-137; (13)IN0559.1.1. -->     SECTION 1. IC 12-7-2-137, AS AMENDED BY P.L.145-2006, SECTION 56, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 137. (a) "Person", except as provided in subsections (b) and (c), through (d), means an association, a corporation, a limited liability company, a governmental entity, an individual, or a partnership.
    (b) "Person", for purposes of IC 12-13-14, has the meaning set forth in IC 12-13-14-1.
    (c) "Person", for purposes of IC 12-17.2, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.
     (d) "Person", for purposes of IC 12-15-2-20, means an individual who is:
        (1) at least twenty-one (21) years of age; and
        (2) applying for or receiving Medicaid assistance.

SOURCE: IC 12-15-2-20; (13)IN0559.1.2. -->     SECTION 2. IC 12-15-2-20 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 20. (a) This section

does not apply to a provider (as defined in IC 12-7-2-149.1(2)).
    (b) (a) A person convicted of an offense under: IC 35-43-5-7.1
         (1) IC 35-43-5; or
        (2) IC 35-43-10;
related to the application for or receipt of Medicaid assistance is ineligible to receive Medicaid assistance under this article for the following time:
        (1) One (1) year if the conviction is for the person's first offense.
        (2) Two (2) years if the conviction is for the person's second offense.
        (3) Ten (10) years after if the conviction is for the person's third or subsequent offense.
    (b) A person's ineligibility period for Medicaid assistance described in subsection (a) begins either:
        (1) on the date the person is sentenced, if the person's sentence does not include incarceration; or
        (2) on the date the individual is released from incarceration.
    (c) Upon receipt of substantiated evidence that a person has committed fraud concerning the application for or receipt of Medicaid assistance, the office may remove the person from receiving Medicaid assistance.
    (d) The office may adopt rules under IC 4-22-2 to implement this section.