422.368 - Unlawful acts: Use of forged, expired or revoked card to obtain benefits; receipt of benefits by misrepresentation; penalty. - Nevada Statutes

422.368  Unlawful acts: Use of forged, expired or revoked card to obtain benefits; receipt of benefits by misrepresentation; penalty.  A person who, with the intent to defraud:

      1.  Uses a Medicaid card to obtain the types of medical and remedial care for which assistance may be provided under the Plan with the knowledge that the Medicaid card was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged or is the expired or revoked Medicaid card of another; or

      2.  Obtains the types of medical and remedial care for which assistance may be provided under the Plan by representing, without the consent of the cardholder, that the person is the authorized holder of a Medicaid card or that the person is the holder of a Medicaid card that has not in fact been issued,

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.

      (Added to NRS by 1993, 142; A 1995, 1273)

      NRS 422.369  Unlawful acts: Fraud by person authorized to provide care to holder of card; penalty.  A person authorized by the Division to furnish the types of medical and remedial care for which assistance may be provided under the Plan, or an agent or employee of the authorized person, who, with the intent to defraud, furnishes such care upon presentation of a Medicaid card which the person knows was obtained or retained in violation of any of the provisions of NRS 422.361 to 422.367, inclusive, or is forged, expired or revoked, 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.

      (Added to NRS by 1993, 142; A 1995, 1274; 1999, 2232; 2005, 22nd Special Session, 33)