eLaws of Florida

  SECTION 409.9201. Medicaid fraud.  


Latest version.
  • 1(1) 2As used in this section, the term:
    9(a) 10“Prescription drug” means any drug, including, but not limited to, finished dosage forms or active ingredients that are subject to, defined in, or described in s. 503(b) of the Federal Food, Drug, and Cosmetic Act or in s. 48465.003(8), 49s. 50499.003(17), 51s. 52499.007(13), 53or s. 55499.82(10)56.
    57(b) 58“Value” means the amount billed to the Medicaid program for the property dispensed or the market value of a legend drug or goods or services at the time and place of the offense. If the market value cannot be determined, the term means the replacement cost of the legend drug or goods or services within a reasonable time after the offense.
    119(2) 120Any person who knowingly sells, who knowingly attempts or conspires to sell, or who knowingly causes any other person to sell or attempt or conspire to sell a legend drug that was paid for by the Medicaid program commits a felony.
    161(a) 162If the value of the legend drug involved is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 189775.082, 190s. 191775.083, 192or s. 194775.084195.
    196(b) 197If the value of the legend drug involved is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 229775.082, 230s. 231775.083, 232or s. 234775.084235.
    236(c) 237If the value of the legend drug involved is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 264775.082, 265s. 266775.083, 267or s. 269775.084270.
    271(3) 272Any person who knowingly purchases, or who knowingly attempts or conspires to purchase, a legend drug that was paid for by the Medicaid program and intended for use by another person commits a felony.
    306(a) 307If the value of the legend drug is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 333775.082, 334s. 335775.083, 336or s. 338775.084339.
    340(b) 341If the value of the legend drug is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 372775.082, 373s. 374775.083, 375or s. 377775.084378.
    379(c) 380If the value of the legend drug is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 406775.082, 407s. 408775.083, 409or s. 411775.084412.
    413(4) 414Any person who knowingly makes or knowingly causes to be made, or who attempts or conspires to make, any false statement or representation to any person for the purpose of obtaining goods or services from the Medicaid program commits a felony.
    455(a) 456If the value of the goods or services is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 483775.082, 484s. 485775.083, 486or s. 488775.084489.
    490(b) 491If the value of the goods or services is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 523775.082, 524s. 525775.083, 526or s. 528775.084529.
    530(c) 531If the value of the goods or services involved is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 559775.082, 560s. 561775.083, 562or s. 564775.084565.

    566The value of individual items of the legend drugs or goods or services involved in distinct transactions committed during a single scheme or course of conduct, whether involving a single person or several persons, may be aggregated when determining the punishment for the offense.

History.-s. 9, ch. 2004-344; s. 38, ch. 2008-207; s. 37, ch. 2010-161; s. 32, ch. 2014-89; s. 12, ch. 2016-145; s. 18, ch. 2016-212; s. 26, ch. 2017-3.

Bills Cite this Section:

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Cited by Court Cases:

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