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Federal and State Program Integrity in Rhode Island

Federal and State Program Integrity

Rhode Island addresses the integrity of federal and state programs by prohibiting various acts of health care fraud,1 including submitting false claims for payment and making false statements to obtain medical assistance.2 Penalties for such fraud range from a $5,000 fine to a $10,000 fine and/or 10 years imprisonment.3  Rhode Island also provides a variety of remedies for person injured by over-billing4 or health care fraud including suing for damages5 or an injunction6 in civil court. Persons that report information about health care fraud, in good faith, are immune from resulting liability.7

Provider that commit Medicaid fraud8 may have their medical assistance payments suspended while a judge may permanently bar such providers or suspend their participation in the Medicaid program for a maximum of 2 years.9 Additionally, providers may not make or receive health care referrals in return for payment or other remuneration10 and must disclose their financial interest in a health care facility when referring patients to that facility.11

Rhode Island prohibits persons from making false statements in relation to the certification of a health care facility.12

Insurance claim forms and applications must contain a statement warning individuals about the penalties for presenting false claims.13

 

 

Footnotes

  • 1. Gen.Laws 1956, § 27-8.2-3.
  • 2. Gen.Laws 1956, § 27-8-9.
  • 3. Gen.Laws 1956, § 27-8.2-3.
  • 4. Gen.Laws 1956, § 5-37-23.
  • 5. Gen.Laws 1956, § 27-8.2-5; Gen.Laws 1956, § 27-8.2-9.
  • 6. Gen.Laws 1956, § 40-8.2-12.
  • 7. Gen.Laws 1956, § 27-63-1.
  • 8. Gen.Laws 1956, § 27-8.2-31.
  • 9. Gen.Laws 1956, § 40-8.2-11.
  • 10. Gen.Laws 1956, § 5-48.1-3.
  • 11. Gen.Laws 1956, § 23-17-46; Gen.Laws 1956, § 23-17.4-33.
  • 12. Gen.Laws 1956, § 27-8.2-7.
  • 13. Gen.Laws 1956, § 27-29-13.3.

 

Federal and State Program Integrity in Rhode Island

Subtopic Statute/Regulation Description
Federal and State Program Integrity Barring or suspending participation in program - R.I. Gen. Laws Ann. § 40-8.2-11 A judge may permanently bar providers that are sentenced or placed on probation for committing medical assistance fraud from participating in the...
Civil remedy - R.I. Gen. Laws Ann. § 27-8.2-5 The Rhode Island Medicaid program and any other person injured by Medicaid fraud and abuse may recover damages equal to three times the amount of...
Damages for overcharges - R.I. Gen. Laws Ann. § 27-8.2-9 Rhode Island establishes a civil cause of action against persons that knowingly and willfully (1) charge patients or persons acting on behalf of a...
Disclosure of financial interest - R.I. Gen. Laws Ann. § 23-17.4-33 Assisted living residences that refer clients to health care facilities or other residences in which they have a financial interest must disclose...
False statements made to gain certification - R.I. Gen. Laws Ann. § 27-8.2-7 Persons that knowingly and willfully make or induce false statements or material misrepresentations of fact in relation to obtaining health care...
Financial interest disclosure - R.I. Gen. Laws Ann. § 23-17-46 When referring patients to a health care facility or residential care facility in which a health care facility has a financial interest, the health...
Fraud warning - R.I. Gen. Laws Ann. § 27-29-13.3 Rhode Island requires insurance claim forms and applications to contain a statement similar or identical to the following: "Any person who knowingly...
Fraudulent receipt of assistance as larceny – Penalty - R.I. Gen. Laws Ann. § 27-8-9 Persons that knowingly make a false statement or misrepresentation of fact with intent to defraud the state a benefit or that wrongfully obtain a...
Immunity for reporting health care fraud - R.I. Gen. Laws Ann. § 27-63-1 Rhode Island provides immunity from civil or criminal liability to persons that report, in good faith, information regarding health insurance fraud...
Injunctive relief and civil penalties - R.I. Gen. Laws Ann. § 40-8.2-12 The Rhode Island superior court has jurisdiction to prevent and restrain medical assistance fraud, grant injunctive relief to those harmed by medical...
Over-billing reward program - R.I. Gen. Laws Ann. § 5-37-23 Persons aged 65 years or older may report charges for health care services they haven’t received to the department of elderly affairs. Upon...
Prohibited acts - R.I. Gen. Laws Ann. § 27-8.2-3 Rhode Island prohibits individuals from perpetuating various acts of Medicaid fraud including: Presenting materially false or fraudulent claims...
Prohibited acts - R.I. Gen. Laws Ann. § 5-48.1-3 Rhode Island prohibits persons from knowingly and willfully soliciting, receiving, offering, or paying remuneration in return for a health care...
Suspension of payments to a provider - R.I. Gen. Laws Ann. § 27-8.2-21 The Rhode Island Medicaid program may suspend provider payments if: (1) the provider fails to meet program certification requirements; (2) the...