A. A person commits failure to maintain adequate records if the Arizona health care cost containment system determines that a sufficient basis exists that the person has engaged in fraud related to the Arizona health care cost containment system, the Arizona health care cost containment system refers the investigation to a criminal justice agency and, when submitting a claim for or receiving payment for behavioral health services pursuant to title 36, chapter 29, article 1 or title 36, chapter 34, the person does either of the following:

1. 1. Knowingly fails to maintain records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based in accordance with section 12-2297.
2. 2. Knowingly fails to report the destruction of records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based.