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Arkansas Code Title 5. Criminal Offenses § 5-55-107. Restitution and collection

Current as of March 28, 2024 | Updated by Findlaw Staff

<Text of section effective Jan. 1, 2024. See, also, section 5-55-107 effective until Jan. 1, 2024.>

(a) In addition to any other fine that may be levied, any person found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall make full restitution and payment of costs and expenses as follows:

(1)(A) Restitution to the Department of Human Services, with the restitution to be deposited into the Arkansas Medicaid Program Trust Fund for the loss to the Arkansas Medicaid Program or its fiscal agents.

(B) When permitted by contract or rules, the department may return all or a portion of the restitution to a managed care organization or any similar organization that suffered a loss due to the Medicaid fraud; and

(2) The office of the Attorney General or prosecuting attorney may recover reasonable and necessary costs and expenses incurred during investigation and prosecution of Medicaid fraud.

(b)(1) Upon a conviction of Medicaid fraud, the sentencing authority shall make a finding regarding the amount of restitution that a defendant shall pay, including without limitation:

(A) The full amount of the monetary loss to the Arkansas Medicaid Program and its fiscal agents;

(B) The amount of reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during the investigation and prosecution; and

(C) Any other measurable monetary damages directly related to the Medicaid fraud.

(2) Except as provided in subdivision (b)(1) of this section, the sentencing authority shall follow the procedures for determination of the restitution amount under § 5-4-205.

(c)(1) In addition to the sentencing order in a criminal case, a court shall enter a separate restitution order against the defendant convicted of Medicaid fraud regarding restitution consistent with this section and § 5-55-108.

(2) The restitution order is a judgment against the defendant and has the same effect as any other civil judgment recorded in the state.

(3) The restitution order shall:

(A) Require the defendant to:

(i) Comply with § 16-66-221 by filing a schedule of property; and

(ii) Update the schedule of property on an annual basis until the restitution is paid in full; and

(B) State that:

(i) Interest shall accrue on the amount of the restitution from the date of the restitution order under § 16-65-114; and

(ii) Restitution may be collected through an interception of the defendant's state income tax return under § 5-4-206 if the defendant fails to comply with the terms and conditions of the restitution order.

(d)(1)(A) The Attorney General may use all available civil remedies under state law to collect on a restitution order under this section.

(B) Civil efforts to collect restitution may proceed jointly with criminal efforts to collect restitution.

(C) This subsection does not limit the contempt power of the court or prevent a court from revoking the probation or suspended sentence of a defendant who has willfully failed to pay restitution ordered under this section.

(2)(A) The Attorney General shall provide a full accounting of any restitution collected using civil remedies to the court.

(B) A defendant shall not be required to pay restitution more than one (1) time.

(3)(A) Restitution ordered for a loss to the Arkansas Medicaid Program shall not be excused by the court.

(B) A conviction under this subchapter shall not be sealed or expunged until all ordered restitution is paid in full.

(e)(1) Restitution ordered for losses to the Arkansas Medicaid Program shall be paid to the Arkansas Medicaid Program Trust Fund and used by the Department of Human Services as required by state law.

(2) Restitution ordered for reasonable and necessary expenses incurred by the office of the Attorney General or the prosecuting attorney during investigation and prosecution shall be paid to the office of the Attorney General or the prosecuting attorney to be retained and used in future investigations for Medicaid fraud.

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Cite this article: FindLaw.com - Arkansas Code Title 5. Criminal Offenses § 5-55-107. Restitution and collection - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-5-criminal-offenses/ar-code-sect-5-55-107/

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