| CODE SECTION |
DESCRIPTION |
PENALTY |
| WELFARE & INSTITUTIONS CODE §
14014 (False Declaration as to
Eligibility) |
- Person receiving or encouraging another to receive health care
- For which he or she was not eligible
- On the basis of false declarations |
Felony or misdemeanor, depending on amount
of fraud under guidelines of Penal Code section
487 (over $400 felony) |
WELFARE & INSTITUTIONS CODE
§ 14107
(Fraudulent Claims) |
- Present claim for payment
- With intent to defraud
- For goods or services
- To obtain greater compensation than legally entitled
- Knowing the information is false |
Misdemeanor - one year county jail and $1,000
fine.
Felony - 2, 3, or 5 years and fine not exceeding three times the amount of fraud or improper reimbursement or value of scheme or artifice.
If the execution of a scheme or artifice to defraud is committed under circumstances likely to cause or that do cause two or more persons great bodily injury, or serious bodily injury, a term of four years, in addition and consecutive to the term of imprisonment imposed, shall be imposed for each person who suffers great bodily injury or serious bodily injury. |
WELFARE & INSTITUTIONS § 14107.2(a)
(Kickbacks, Bribes or Rebates) |
- Solicits or receives any kickback, bribe or rebate to
either:
- Refer or promise to refer person for service or
merchandise
- Purchasing, leasing or ordering service or
merchandise |
Misdemeanor - one year county jail and $1,000
fine.
Felony - 16 months, 2 years, 3 years and
$10,000 fine. (Second offense - straight felony) |
WELFARE & INSTITUTIONS CODE
§ 14107.2(b)
(Kickbacks, Bribes or Rebates) |
- Offer to pay any kickback, bribe or rebate to either:
- Refer or promise to refer person for service or
merchandise
- Purchasing, leasing or ordering service or
merchandise |
Misdemeanor - one year county jail and $1,000
fine
Felony - 16 months, 2 years, 3 years and
$10,000 fine. (Second offense - straight felony) |
PENAL CODE § 487
(Grand Theft) |
- A person takes the property of another
- With specific intent to deprive permanently
- Took or carried away property |
Misdemeanor - one year county jail and $1,000
fine.
Felony - 16 months, 2 years, 3 years and
$10,000 fine |
PENAL CODE § 550(a)(5)
(Prepare or Make a False Writing) |
Knowingly prepare, make, or subscribe any writing
with intent to present or use it in support of any false or
fraudulent claim |
Felony or misdemeanor, depending on amount
of fraud under guidelines of Penal Code section
487 (over $400 felony).
Misdemeanor - One year county jail and $1,000
fine.
Felony - 2, 3, or 5 years state prison plus
$50,000 fine or double the amount of fraud,
whichever is greater
|
| PENAL CODE § 550(a)(6)
(Making a False Claim) |
Knowingly make or cause to be made any false or
fraudulent claim for health care benefit |
Felony or misdemeanor, depending on amount
of fraud under guidelines of Penal Code section
487 (over $400 felony).
Misdemeanor - One year county jail and $1,000
fine.
Felony - 2, 3, or 5 years state prison plus
$50,000 fine or double the amount of fraud,
whichever is greater
|
| PENAL CODE § 550(a)(7)
(Submitting a False Claim) |
Knowingly submit a claim for a health care benefit
which was not used by or on behalf of the claimant |
Felony or misdemeanor, depending on amount
of fraud under guidelines of Penal Code section
487 (over $400 felony).
Misdemeanor - One year county jail and $1,000
fine.
Felony - 2, 3, or 5 years state prison plus
$50,000 fine or double the amount of fraud,
whichever is greater
|
