§ 5-55-108 - Civil penalties -- Expenses. - Arkansas Statutes

5-55-108. Civil penalties -- Expenses.

(a) (1) Any person against which any civil judgment is entered as the result of a civil action brought or threatened to be brought by the State of Arkansas, through the Attorney General, on a complaint alleging the person to have fraudulently received any payment from the Arkansas Medicaid Program or its fiscal agents, is required to pay a civil penalty in the amount of two (2) times the amount of all payments judicially found to have been fraudulently received from the Arkansas Medicaid Program or its fiscal agents.

(2) Any penalty shall be paid into the State Treasury and credited to the General Fund.

(3) The judgment upon which the civil penalty is based shall be paid as restitution to the Department of Health and Human Services.

(b) (1) Any person against which any civil judgment is entered as the result of a civil action brought or threatened to be brought by the State of Arkansas, through the Attorney General, on a complaint alleging the person to have fraudulently submitted any claim to the Arkansas Medicaid Program or its fiscal agents, may be required to pay a civil penalty into the State Treasury in any amount up to two thousand dollars ($2,000) for each claim judicially found to have been fraudulently submitted to the Arkansas Medicaid Program or its fiscal agents.

(2) The entirety of the civil penalty shall be credited to the General Fund.

(c) (1) Any person against which any civil judgment is entered as the result of a civil action brought or threatened to be brought by the State of Arkansas, through the Attorney General, on a complaint alleging any fraudulent receipt of payment from or false claim submitted to the Arkansas Medicaid Program or its fiscal agents, may be required to pay into the State Treasury all reasonable expenses that the court determines have been necessarily incurred by the Attorney General in the enforcement of this subchapter.

(2) The entirety of the amount under subdivision (c)(1) of this section shall be credited to the General Fund.