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Federal and State Program Integrity in Pennsylvania

        In Pennsylvania, if the Department of Public Welfare determines that a health care provider participating in the Medicaid program has submitted a false claim for payment, the provider will be referred to the Department of Justice for further investigation.  Any provider that is then convicted by a federal court of willfully defrauding the Medicaid program is subject to a $25,000 fine and up to five years imprisonment.1  Other fraudulent acts committed by providers, such as soliciting kickbacks or bribes, may bring convictions for second or third degree felonies bringing fines between $15,000 and $25,000 and a criminal sentence of 7 – 10 years.2  Additionally, if a provider is suspected of inappropriately billing for services from Medicaid, the Department of Public Welfare can delay or suspend payment on the provider’s invoices for up to 120 days pending a review of the billing patterns.3

        If a provider submits fraudulent claims to the state’s PACE program, he or she is subject to criminal sanctions as well as a financial penalty three times the value of any material gain received as a result of the offense.4

 

 

Footnotes

  • 1. 55 Pa. Code § 1101.74 (2012)
  • 2. 55 Pa. Code § 1101.76 (2012)
  • 3. 55 Pa. Code § 1101.73 (2012)
  • 4. 6 Pa. Code § 22.72 (2012)

 

Federal and State Program Integrity in Pennsylvania

Subtopic Statute/Regulation Description
Federal and State Program Integrity Criminal penalties - 55 Pa. Code § 1101.76 Any person who commits any of these acts will be subject to the following: 55 Pa. Code, Chapter 1101, “Criminal penalties” 55 Pa. Code...
Prohibited acts and criminal penalties - 6 Pa. Code § 22.72 The following acts are considered criminal offenses, and will result in a financial penalty of three times the value of any material gain received as...
Provider fraud - 55 Pa. Code § 1101.4 If the department of public welfare determines after an investigation that a provider participating in the medical assistance program has submitted...
Provider misutilization and abuse - 55 Pa. Code § 1101.73 If the department of public welfare’s routine utilization review procedures indicate that a provider participating in the medical assistance...
Provider prohibited acts - 55 Pa. Code § 1101.75 Providers enrolled in the medical assistance program may not commit the following acts:1         Knowingly or...
Provider prohibited acts; criminal penalties and civil remedies - 62 Pa. Stat. Ann. § 1407 The following acts are considered unlawful: Knowingly or intentionally presenting a false or fraudulent claim or cost report for furnishing...
Recipient misutilization and abuse - 55 Pa. Code § 1101.91 Providers must notify the local County Assistance Office if he has reason to believe that a recipient is mis-utilizing or abusing medical assistance...