Oklahoma § 56-1005.1 - Definitions – Fraudulent receipt of assistance

§ 56-1005.1. Definitions – Fraudulent receipt of assistance

A. As used in this section:

1. “Administrative sanction” means the court may enter an order

making an individual who violates a provision of this section

ineligible for assistance for a specified period of time. Such

order shall be communicated to the Oklahoma Health Care Authority

Legal Division; and

Oklahoma Statutes - Title 56. Poor Persons

2. “Insure Oklahoma” means the program administered by the

Oklahoma Health Care Authority pursuant to Sections 1010.1 through

1010.13 of Title 56 of the Oklahoma Statutes.

B. Any individual who:

1. Obtains or attempts to obtain, or aids, abets or assists any

individual to obtain, by means of a false statement or

representation, or by false impersonation, or by a fictitious

transfer, conveyance or encumbrance of property or income, or by a

knowing and willful failure to report to the Department of Human

Services or the Oklahoma Health Care Authority income, personal

property, real property, household members, or other material

eligibility factors at the time of application or during the receipt

of assistance, or by other fraudulent device, assistance to which an

applicant is not entitled or assistance greater than that to which

an applicant is justly entitled shall be guilty of a misdemeanor or

a felony;

2. By sale, barter, purchase, theft, acquisition, possession or

use of any medical identification card or any other device

authorizing participation in the Oklahoma Medicaid Program,

knowingly obtains, aids, abets or assists any individual to obtain

or attempt to obtain assistance to which an individual is not

entitled shall be guilty of a misdemeanor or a felony; or

3. Attempts to obtain Medicaid or Insure Oklahoma benefits by

omitting income, personal property, household members, or other

material eligibility factors shall, upon conviction, be guilty of a

misdemeanor punishable by either a fine of three times the amount of

assistance, or up to three (3) months in the county jail. In

addition, the individual may also be punished by an administrative

sanction regarding Medicaid benefits. The court shall have

discretion in determining penalties.

C. If the acts in either paragraph 1 or 2 of subsection B of

this section or both paragraphs 1 and 2 of subsection B of this

section cause the Oklahoma Health Care Authority to determine that

an individual or family is eligible for Medicaid or the Insure

Oklahoma program and the aggregate amount of assistance paid on

behalf of the individual or individuals is less than Five Thousand

Dollars ($5,000.00), the penalty, upon conviction, shall be a

misdemeanor punishable by fine or imprisonment, or both a fine and

imprisonment for three (3) months or an administrative sanction

regarding Medicaid benefits in the discretion of the court. If the

acts in paragraph 1 or 2 of subsection B of this section or both

paragraphs 1 and 2 of subsection B of this section cause the

Oklahoma Health Care Authority to determine an individual or family

eligible for Medicaid or the Insure Oklahoma program and the

aggregate amount of assistance paid on behalf of the individual or

individuals is equal to or greater than Five Thousand Dollars

($5,000.00), the penalty, upon conviction, shall be a Class D1

Oklahoma Statutes - Title 56. Poor Persons

felony offense punishable by fine or imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or both a fine and imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or an administrative sanction regarding Medicaid benefits

in the discretion of the court.

Added by Laws 2011, c. 134, § 2, eff. Nov. 1, 2011. Amended by Laws

2025, c. 486, § 526, eff. Jan. 1, 2026.