2022 South Dakota Codified Laws
Title 22 - Crimes
Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program
Section 22-45-4 - Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.
22-45-4. Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.
A person commits an offense if he:
(1)Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connection with such purchase or lease; or
(2)Sells or leases to or for the use of provider, goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program, and offers, transfers, or pays anything of additional value in connection with or in return for such sale or lease; or
(3)Refers an individual to a provider for the provision of a good or a service for which payment may be made, in whole or in part, under the program, and solicits or accepts anything of value in connection with such referral.
It is an exception to subdivisions (1) and (2) of this section that the additional value transferred is a refund or discount made in the ordinary course of business and reflected by the books and records of the individual, corporation, or association.
A violation of this section is a Class 5 felony.
Source: SL 1986, ch 187, ยง4.
