§ 108A-70.28. Fraudulent misrepresentation.
§ 108A‑70.28. Fraudulent misrepresentation.
(a) It shall be unlawful for any person to knowingly andwillfully, and with intent to defraud, make or cause to be made a falsestatement or representation of a material fact in an application for coverageunder this Part or intended for use in determining eligibility for coverage.
(b) It shall be unlawful for any applicant, recipient, or personacting on behalf of the applicant or recipient to knowingly and willfully, andwith intent to defraud, conceal, or fail to disclose any condition, fact, orevent affecting the applicant's or recipient's initial or continued eligibilityto receive coverage or benefits under this Part.
(c) It is unlawful for any person knowingly, willingly, and withintent to defraud, to obtain or attempt to obtain, or to assist, aid, or abetanother person, either directly or indirectly, to obtain money, services, orany other thing of value to which the person is not entitled as a recipientunder this Part, or otherwise to deliberately misuse a Program identificationcard. This misuse includes the sale, alteration, or lending of the Programidentification card to others for services and the use of the card by someoneother than the recipient to receive or attempt to receive Program coverage forservices rendered to that individual.
Proof of intent to defraud does not require proof of intent to defraudany particular person.
(d) A person who violates a provision of this section shall beguilty of a Class I felony.
(e) For purposes of this section the word "person"includes any natural person, association, consortium, corporation, bodypolitic, partnership, or other group, entity, or organization. (1998‑1, s. 1.)