Parties who allegedly defraud Minnesota’s medical assistance programs may face prosecution under state criminal law. A person may commit a crime under Minnesota law if they, with the intent to defraud, present a reimbursement claim, cost report, or rate application for the payment of medical assistance funds that contains false information, as such an offense constitutes an attempt to commit theft of public funds.
A person may face federal prosecution for health care fraud if they knowingly and willfully execute or attempt to execute a scheme to:
- Defraud a health care benefit program
- Obtain any money or property owned by or under the control of a health care benefit program by false or fraudulent pretenses, representations, or promises
Specific acts of health care fraud can also lead to prosecution under the federal anti-kickback law, which prohibits:
- Providing, attempting to provide, or offering to give a kickback
- Soliciting, accepting, or attempting to accept a kickback
- Including the amount of a kickback in a contract price
Federal law defines a “kickback” as any money, fee, commission, credit, gift, gratuity, or thing of value provided improperly to obtain or reward favorable treatment under a contract with a federal government agency or program.