56-227. FRAUDULENT ACTS — PENALTY. (1) Whoever knowingly obtains, or attempts to obtain, or aids or abets any person in obtaining, by means of a willfully false statement or representation, material omission, or fraudulent devices, public assistance to which he is not entitled, or in an amount greater than that to which he is justly entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or attempted to be so obtained.
(2) Whoever sells, conveys, mortgages or otherwise disposes of his property, real or personal, or conceals his income or resources, for the purpose of rendering him eligible for public assistance, theretofore or thereafter applied for, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or so attempted to be obtained. Provided however, this provision shall not be construed to be more restrictive than federal or state provisions regarding the transfer of property for public assistance.
(3) Every person who knowingly aids or abets any person in selling, conveying, mortgaging or otherwise disposing of his property, real or personal, or in concealing his income or resources for the purpose of rendering him eligible for public assistance, theretofore or thereafter applied for and received, to which he would not otherwise be entitled, shall be punished in the same manner and to the same extent as for larceny or theft of the money or value of the public assistance so obtained or attempted to be obtained. Provided however, this provision shall not apply to any person who communicates information or renders advice to another regarding federal or state provisions regarding the transfer of property for public assistance.
(4) For the purpose of this section public assistance shall include the specific categories of assistance for which provision is made in any federal or state law existing or hereafter enacted by the congress of the United States or the state of Idaho by which payments are made from the federal government to the state in aid or in respect to payment by the state for welfare purposes to any category of needy person and any other program of assistance for which provision for federal or state funds for aid may from time to time be made.
(5) The state department of health and welfare shall establish and operate a fraud control program to investigate suspected fraud relating to applications for public assistance benefits, and public assistance benefits received by individuals or entities. Such activities shall be those which do not fall under the authority of the medicaid fraud control unit as provided in section 56-226, Idaho Code. The department shall establish a procedure to coordinate information with prosecuting attorneys to prosecute offenders who commit fraudulent acts pursuant to this chapter.
History:
[56-227, added 1941, ch. 181, sec. 24-c, as added by 1943, ch. 119, sec. 2, p. 228; am. 1974, ch. 233, sec. 9, p. 1590; am. 1981, ch. 194, sec. 1, p. 343; am. 1988, ch. 246, sec. 1, p. 480; am. 2002, ch. 369, sec. 2, p. 1039; am. 2007, ch. 341, sec. 5, p. 1007; am. 2008, ch. 188, sec. 1, p. 592.; am. 2013, ch. 143, sec. 1, p. 340.]
Structure Idaho Code
Title 56 - PUBLIC ASSISTANCE AND WELFARE
Chapter 2 - PUBLIC ASSISTANCE LAW
Section 56-202 - DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE.
Section 56-203 - POWERS OF STATE DEPARTMENT.
Section 56-203A - AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES.
Section 56-203C - POWERS OF DEPARTMENT.
Section 56-203D - SET-OFF PROCEDURE FOR CHILD SUPPORT DEBT.
Section 56-203E - LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT.
Section 56-203F - REGISTRATION OF FOREIGN SUPPORT ORDERS.
Section 56-204A - SERVICES FOR CHILDREN.
Section 56-204B - TEMPORARY SHELTER CARE.
Section 56-205 - ISSUANCE OF SNAP BENEFITS.
Section 56-206 - GENERAL ASSISTANCE.
Section 56-207 - OLD-AGE ASSISTANCE.
Section 56-208 - AID TO THE BLIND.
Section 56-209 - ASSISTANCE TO FAMILIES WITH CHILDREN.
Section 56-209a - AID TO THE DISABLED.
Section 56-209b - MEDICAL ASSISTANCE — MEDICAL ASSISTANCE ACCOUNT.
Section 56-209c - DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS.
Section 56-209e - ELIGIBILITY OF MARRIED COUPLES FOR MEDICAL ASSISTANCE UNDER THE MEDICAID PROGRAM.
Section 56-209f - STATE FINANCIAL ASSISTANCE PROGRAM FOR MEDICALLY INDIGENT RESIDENTS.
Section 56-209g - PHARMACY REIMBURSEMENT.
Section 56-209h - ADMINISTRATIVE REMEDIES.
Section 56-209i - LEGISLATIVE FINDINGS.
Section 56-209j - SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS.
Section 56-209l - TREATMENT PROVISIONS.
Section 56-209n - MEDICAID FOR WORKERS WITH DISABILITIES.
Section 56-209o - FAILURE TO RETAIN RECORDS.
Section 56-209p - PAYMENT FOR MIDWIFE SERVICES.
Section 56-210 - AMOUNT OF ASSISTANCE.
Section 56-211 - APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR FEDERAL FOOD STAMP PROGRAM.
Section 56-212 - INVESTIGATION OF APPLICATION.
Section 56-213 - EXAMINATION TO DETERMINE BLINDNESS.
Section 56-214 - AWARD OF PUBLIC ASSISTANCE — INELIGIBILITY UPON TRANSFER OF PROPERTY.
Section 56-214A - AWARD OF PUBLIC ASSISTANCE — RECIPIENT’S RIGHT OF FREE CHOICE.
Section 56-215 - REDETERMINATION OF AWARDS.
Section 56-216 - APPEAL AND FAIR HEARING.
Section 56-217 - COOPERATIVE AGREEMENTS.
Section 56-218 - RECOVERY OF CERTAIN MEDICAL ASSISTANCE.
Section 56-218A - MEDICAL ASSISTANCE LIENS DURING LIFE OF RECIPIENT.
Section 56-219 - PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE.
Section 56-220 - PAYMENT ON DEATH OF RECIPIENT — APPOINTMENT OF ADMINISTRATOR OF PUBLIC ASSISTANCE.
Section 56-221 - CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS.
Section 56-222 - MISUSE OF PUBLIC ASSISTANCE LISTS AND RECORDS.
Section 56-223 - PUBLIC ASSISTANCE NOT ASSIGNABLE.
Section 56-225 - REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE OF REAL PROPERTY — RULEMAKING.
Section 56-226 - MEDICAID FRAUD CONTROL UNIT.
Section 56-227 - FRAUDULENT ACTS — PENALTY.
Section 56-227A - PROVIDER FRAUD — CRIMINAL PENALTY.
Section 56-227B - PROVIDER FRAUD — DAMAGES.
Section 56-227C - SUBPOENA POWER.
Section 56-227E - OBSTRUCTION OF INVESTIGATION.
Section 56-227F - PUBLIC ASSISTANCE BENEFIT CARDS — PROHIBITED USES.
Section 56-228 - LIMITATIONS OF ACT.
Section 56-229 - SEPARABILITY.
Section 56-233 - PROCEDURE FOR DISBURSEMENT OF FUNDS TO RECIPIENTS.
Section 56-234 - LEGISLATIVE INTENT.
Section 56-234A - DEFINITIONS.
Section 56-235 - SOUTHWEST IDAHO TREATMENT CENTER.
Section 56-235A - PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION.
Section 56-235B - DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE.
Section 56-235C - NOTICE OF DISCHARGE — REQUEST FOR HEARING.
Section 56-235E - RULEMAKING AUTHORITY.
Section 56-251 - LEGISLATIVE INTENT.
Section 56-253 - POWERS AND DUTIES OF THE DIRECTOR.
Section 56-254 - ELIGIBILITY FOR MEDICAL ASSISTANCE.
Section 56-255 - MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED.
Section 56-256 - PREVENTIVE HEALTH ASSISTANCE.
Section 56-261 - LEGISLATIVE FINDINGS AND INTENT.
Section 56-263 - MEDICAID MANAGED CARE PLAN.
Section 56-264 - RULEMAKING AUTHORITY.
Section 56-265 - PROVIDER PAYMENT.
Section 56-266 - AUTHORIZATION TO OBTAIN FEDERAL APPROVAL.
Section 56-267 - MEDICAID ELIGIBILITY EXPANSION.
Section 56-268 - SUPPLEMENTAL MEDICAID REIMBURSEMENT FOR GROUND EMERGENCY MEDICAL TRANSPORTATION.