(1) A person may not make or present or cause to be made or presented to an employee or officer of the state a claim for a medical benefit:
- (a) which is wholly or partially false, fictitious, or fraudulent;
- (b) for services which were not rendered or for items or materials which were not delivered;
- (c) which misrepresents the type, quality, or quantity of items or services rendered;
- (d) representing charges at a higher rate than those charged by the provider to the general public;
- (e) for items or services which the person or the provider knew were not medically necessary in accordance with professionally recognized standards;
- (f) which has previously been paid;
- (g) for services also covered by one or more private sources when the person or provider knew of the private sources without disclosing those sources on the claim; or
(h) where a provider:
- (i) unbundles a product, procedure, or group of procedures usually and customarily provided or performed as a single billable product or procedure into artificial components or separate procedures; and
(ii) bills for each component of the product, procedure, or group of procedures:
- (A) as if they had been provided or performed independently and at separate times; and
- (B) the aggregate billing for the components exceeds the amount otherwise billable for the usual and customary single product or procedure.
(2) In addition to the prohibitions in Subsection (1), a person may not:
- (a) fail to credit the state for payments received from other sources;
(b) recover or attempt to recover payment in violation of the provider agreement from:
- (i) a recipient under a medical benefit program; or
- (ii) the recipient's family;
- (c) falsify or alter with intent to deceive, any report or document required by state or federal law, rule, or Medicaid provider agreement;
- (d) retain any unauthorized payment as a result of acts described by this section; or
- (e) aid or abet the commission of any act prohibited by this section.
Renumbered and Amended by Chapter 306, 2023 General Session