2014 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 5 - Offenses Against The Administration Of Government
Chapter 55 - Fraud against the government
Subchapter 1 - Medicaid Fraud Act
§ 5-55-103 - Unlawful acts -- Classification.

(a) (1) It is unlawful for any person to commit medicaid fraud as prohibited by § 5-55-111.

(2) Medicaid fraud is a:

(A) Class B felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more; and

(B) Class C felony if the aggregate amount of payments illegally claimed is less than two thousand five hundred dollars ($2,500) but more than two hundred dollars ($200).

(3) Otherwise, medicaid fraud is a Class A misdemeanor.

(b) (1) A person commits illegal medicaid participation if:

(A) Having been found guilty of or having pleaded guilty or nolo contendere to the charge of medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq., that person participates directly or indirectly in the Arkansas Medicaid Program; or

(B) As a certified health provider, enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or the fiscal agent of the certified health provider, employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq.

(2) Illegal medicaid participation is a:

(A) Class A misdemeanor for the first offense;

(B) Class D felony for the second offense; and

(C) Class C felony for the third offense and subsequent offenses.