Ohio § 2913.401

§ 2913.401.

(A) As used in this section: (1) “Medicaid services” has the same meaning as in section 5164.01 of the Revised Code . (2) “ Property ” means any real or personal property or other asset in which a person has any legal

title or interest. (B) No person shall knowingly do any of the following in an application for enrollment

in the medicaid program or in a document that requires a disclosure of assets for

the purpose of determining eligibility for the medicaid program: (1) Make or cause to be made a false or misleading statement; (2) Conceal an interest in property; (3)(a) Except as provided in division (B)(3)(b) of this section, fail to disclose a transfer

of property that occurred during the period beginning thirty-six months before submission

of the application or document and ending on the date the application or document

was submitted; (b) Fail to disclose a transfer of property that occurred during the period beginning

sixty months before submission of the application or document and ending on the date

the application or document was submitted and that was made to an irrevocable trust

a portion of which is not distributable to the applicant for or recipient of medicaid

or to a revocable trust. (C)(1) Whoever violates this section is guilty of medicaid eligibility fraud.  Except as otherwise provided in this division, a violation of this section is a

misdemeanor of the first degree.  If the value of the medicaid services paid as a result of the violation is one thousand

dollars or more and is less than seven thousand five hundred dollars, a violation

of this section is a felony of the fifth degree.  If the value of the medicaid services paid as a result of the violation is seven

thousand five hundred dollars or more and is less than one hundred fifty thousand

dollars, a violation of this section is a felony of the fourth degree.  If the value of the medicaid services paid as a result of the violation is one hundred

fifty thousand dollars or more, a violation of this section is a felony of the third

degree. (2) In addition to imposing a sentence under division (C)(1) of this section, the court

may order that a person who is guilty of medicaid eligibility fraud make restitution

in the amount of two hundred per cent of any medicaid services paid on behalf of

an applicant for or recipient of medicaid for which the applicant or recipient was

not eligible, plus interest at the rate applicable to judgments on unreimbursed amounts

from the date on which the medicaid services were paid to the date on which restitution

is made. (3) The remedies and penalties provided in this section are not exclusive and do not

preclude the use of any other criminal or civil remedy for any act that is in violation

of this section. (D) This section does not apply to a person who fully disclosed in an application for

medicaid or in a document that requires a disclosure of assets for the purpose of

determining eligibility for medicaid all of the interests in property of the applicant

for or recipient of medicaid, all transfers of property by the applicant for or recipient

of medicaid, and the circumstances of all those transfers. (E) Any amounts of medicaid services recovered as restitution under this section and

any interest on those amounts shall be credited to the general revenue fund, and any

applicable federal share shall be returned to the appropriate agency or department

of the United States.