177.05 - Health care fraud in the fifth degree.

§ 177.05 Health care fraud in the fifth degree.    A person is guilty of health care fraud in the fifth degree when, with  intent  to  defraud  a  health  plan,  he or she knowingly and willfully  provides materially false information or omits material information  for  the  purpose  of requesting payment from a health plan for a health care  item or service and, as a result of such information or omission, he  or  she or another person receives payment in an amount that he, she or such  other person is not entitled to under the circumstances.    Health care fraud in the fifth degree is a class A misdemeanor.