Oklahoma § 56-1005 - Unlawful acts

§ 56-1005. Unlawful acts

A. It shall be unlawful and deemed a Class D1 felony offense

for any person to willfully and knowingly:

1. Make or cause to be made a claim, knowing the claim to be

false, in whole or in part, by commission or omission;

2. Make or cause to be made a statement or representation for

use in obtaining or seeking to obtain authorization to provide a

good or a service knowing the statement or representation to be

false, in whole or in part, by commission or omission;

3. Make or cause to be made a statement or representation for

use by another in obtaining a good or a service under the Oklahoma

Medicaid Program, knowing the statement or representation to be

false, in whole or in part, by commission or omission;

4. Make or cause to be made a statement or representation for

use in qualifying as a provider of a good or a service under the

Oklahoma Medicaid Program, knowing the statement or representation

to be false, in whole or in part, by commission or omission;

5. Charge any recipient or person acting on behalf of a

recipient, money or other consideration in addition to or in excess

of rates of remuneration established under the Oklahoma Medicaid

Program;

6. Solicit or accept a benefit, pecuniary benefit, or kickback

in connection with goods or services paid or claimed by a provider

to be payable by the Oklahoma Medicaid Program; or

7. Having submitted a claim for or received payment for a good

or a service under the Oklahoma Medicaid Program, fail to maintain

or destroy such records as required by law or the rules of the

Oklahoma Health Care Authority for a period of at least six (6)

years following the date on which payment was received.

Any person who violates the provisions of this section shall,

upon conviction, be guilty of a Class D1 felony offense and shall be

Oklahoma Statutes - Title 56. Poor Persons

punished by imprisonment as provided for in subsections B through F

of Section 20N of Title 21 of the Oklahoma Statutes.

B. For the purposes of this section, a person shall be deemed

to have made or caused to be made a claim, statement, or

representation if the person:

1. Had the authority or responsibility to make the claim,

statement, or representation, to supervise those who made the claim,

statement, or representation, or to authorize the making of the

claim, statement, or representation, whether by operation of law,

business or professional practice, or office procedure; and

2. Exercised such authority or responsibility or failed to

exercise such authority or responsibility and as a direct or

indirect result, the false statement was made.

C. The provisions of this section shall not be construed to

prohibit any payment, business arrangement or payment practice not

prohibited by 42 U.S.C., Section 1320a-7b(b) or any regulations

promulgated pursuant thereto or to prohibit any payment, business

arrangement or payment practice not prohibited by Section 1-742 of

Title 63 of the Oklahoma Statutes.

D. For the purposes of this section, a person shall be deemed

to have known that a claim, statement, or representation was false

if the person knew, or by virtue of the person's position, authority

or responsibility, had reason to know, of the falsity of the claim,

statement or representation.

E. Any employee of the State Department of Health, the

Department of Human Services or the Oklahoma Health Care Authority

who knowingly or willfully fails to promptly report a violation of

the Oklahoma Medicaid Program, subject to the provisions of this

section, to the chief administrative officer of such agency or the

State Attorney General shall, upon conviction thereof, be guilty of

a misdemeanor.

Added by Laws 1989, c. 220, § 5, operative July 1, 1989. Amended by

Laws 1990, c. 144, § 4, emerg. eff. May 1, 1990; Laws 1995, c. 306,

§ 4, eff. July 1, 1995; Laws 2000, c. 198, § 1, emerg. eff. May 9,

2000; Laws 2000, c. 340, § 9, eff. July 1, 2000; Laws 2000, c. 344,

§ 1, emerg. eff. June 6, 2000; Laws 2025, c. 486, § 525, eff. Jan.

1, 2026.