422.366 - Unlawful acts: Obtaining or possessing card without consent of holder of card; presumption from possession of card; penalty. - Nevada Statutes

422.366  Unlawful acts: Obtaining or possessing card without consent of holder of card; presumption from possession of card; penalty.

      1.  A person who:

      (a) Steals, takes or removes a Medicaid card from the person, possession, custody or control of another without the cardholder’s consent; or

      (b) With knowledge that a Medicaid card has been so taken, removed or stolen, receives the Medicaid card with the intent to circulate, use or sell it or to transfer it to a person other than the Department or the cardholder,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      2.  A person who possesses a Medicaid card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the Medicaid card with the intent to defraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

      3.  A person who has in his or her possession or under his or her control two or more Medicaid cards issued in the name of another person is presumed to have obtained and to possess the Medicaid cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud. The presumption established by this subsection may be rebutted by clear and convincing evidence. The presumption does not apply to the possession of two or more Medicaid cards if the possession is with the consent of the Department.

      (Added to NRS by 1993, 141; A 1995, 1272; 2003, 660)