State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11989

21-3847

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3847.   Unlawful acts relating to the medicaidprogram.(a) No recipient of medicaid benefits, family memberof such recipient or provider of medicaid services shall:

      (1)   Knowingly and intentionally solicit or receive any remuneration,including but not limited to any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind:

      (A)   In return for referring or refraining from referring anindividual to a person for the furnishing or arranging for thefurnishing ofany goods, service, item, facility or accommodation for whichpayment may be made, in whole or in part, under themedicaid program; or

      (B)   in return for purchasing, leasing, ordering or arranging for orrecommending purchasing, leasing or ordering any goods,service, item, facility or accommodation for which payment maybe made, in whole or in part, under the medicaidprogram.

      (2)   Knowingly and intentionally offer or pay any remuneration,including, but not limited to, any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind to any personto induce such person:

      (A)   To refer or refrain from referring an individual to a personfor the furnishing or arranging for the furnishing of any goods,service, item, facility or accommodation for which payment may be made, inwhole or in part, under the medicaid program; or

      (B)   to purchase, lease, order, or arrange for or recommendpurchasing, leasing, or ordering any goods, service, item, facilityor accommodation for which payment may be made, in whole orin part, under the medicaid program.

      (3)   Knowingly divide or share any funds illegally obtained from themedicaid program.

      (b)   No medicaid recipient shall knowingly and intentionally trade a medicaidnumber for money or other remuneration, sign for services that are not receivedby the medicaid recipient or sell or exchange for value goods purchased orprovided under the medicaid program.

      (c)   A violation of this section is a severity level 7,nonperson felony.

      (d)   This section shall not apply to a refund, discount,copayment,deductible, incentive or other reduction obtained by a provider in the ordinarycourse of business, and appropriately reflected in the claims or reportssubmitted to the medicaid program, or its fiscal agent, nor shall it beconstrued to prohibit deductibles, copayments or any other cost or risk sharingarrangements which are a part of any program operated by or pursuant tocontracts with the medicaid program.

      History:   L. 1996, ch. 267, § 4;L. 2006, ch. 183, § 4; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11989

21-3847

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3847.   Unlawful acts relating to the medicaidprogram.(a) No recipient of medicaid benefits, family memberof such recipient or provider of medicaid services shall:

      (1)   Knowingly and intentionally solicit or receive any remuneration,including but not limited to any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind:

      (A)   In return for referring or refraining from referring anindividual to a person for the furnishing or arranging for thefurnishing ofany goods, service, item, facility or accommodation for whichpayment may be made, in whole or in part, under themedicaid program; or

      (B)   in return for purchasing, leasing, ordering or arranging for orrecommending purchasing, leasing or ordering any goods,service, item, facility or accommodation for which payment maybe made, in whole or in part, under the medicaidprogram.

      (2)   Knowingly and intentionally offer or pay any remuneration,including, but not limited to, any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind to any personto induce such person:

      (A)   To refer or refrain from referring an individual to a personfor the furnishing or arranging for the furnishing of any goods,service, item, facility or accommodation for which payment may be made, inwhole or in part, under the medicaid program; or

      (B)   to purchase, lease, order, or arrange for or recommendpurchasing, leasing, or ordering any goods, service, item, facilityor accommodation for which payment may be made, in whole orin part, under the medicaid program.

      (3)   Knowingly divide or share any funds illegally obtained from themedicaid program.

      (b)   No medicaid recipient shall knowingly and intentionally trade a medicaidnumber for money or other remuneration, sign for services that are not receivedby the medicaid recipient or sell or exchange for value goods purchased orprovided under the medicaid program.

      (c)   A violation of this section is a severity level 7,nonperson felony.

      (d)   This section shall not apply to a refund, discount,copayment,deductible, incentive or other reduction obtained by a provider in the ordinarycourse of business, and appropriately reflected in the claims or reportssubmitted to the medicaid program, or its fiscal agent, nor shall it beconstrued to prohibit deductibles, copayments or any other cost or risk sharingarrangements which are a part of any program operated by or pursuant tocontracts with the medicaid program.

      History:   L. 1996, ch. 267, § 4;L. 2006, ch. 183, § 4; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11989

21-3847

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3847.   Unlawful acts relating to the medicaidprogram.(a) No recipient of medicaid benefits, family memberof such recipient or provider of medicaid services shall:

      (1)   Knowingly and intentionally solicit or receive any remuneration,including but not limited to any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind:

      (A)   In return for referring or refraining from referring anindividual to a person for the furnishing or arranging for thefurnishing ofany goods, service, item, facility or accommodation for whichpayment may be made, in whole or in part, under themedicaid program; or

      (B)   in return for purchasing, leasing, ordering or arranging for orrecommending purchasing, leasing or ordering any goods,service, item, facility or accommodation for which payment maybe made, in whole or in part, under the medicaidprogram.

      (2)   Knowingly and intentionally offer or pay any remuneration,including, but not limited to, any kickback, bribe or rebate, directly orindirectly, overtly or covertly, in cash or in kind to any personto induce such person:

      (A)   To refer or refrain from referring an individual to a personfor the furnishing or arranging for the furnishing of any goods,service, item, facility or accommodation for which payment may be made, inwhole or in part, under the medicaid program; or

      (B)   to purchase, lease, order, or arrange for or recommendpurchasing, leasing, or ordering any goods, service, item, facilityor accommodation for which payment may be made, in whole orin part, under the medicaid program.

      (3)   Knowingly divide or share any funds illegally obtained from themedicaid program.

      (b)   No medicaid recipient shall knowingly and intentionally trade a medicaidnumber for money or other remuneration, sign for services that are not receivedby the medicaid recipient or sell or exchange for value goods purchased orprovided under the medicaid program.

      (c)   A violation of this section is a severity level 7,nonperson felony.

      (d)   This section shall not apply to a refund, discount,copayment,deductible, incentive or other reduction obtained by a provider in the ordinarycourse of business, and appropriately reflected in the claims or reportssubmitted to the medicaid program, or its fiscal agent, nor shall it beconstrued to prohibit deductibles, copayments or any other cost or risk sharingarrangements which are a part of any program operated by or pursuant tocontracts with the medicaid program.

      History:   L. 1996, ch. 267, § 4;L. 2006, ch. 183, § 4; July 1.