Sec. 20. (a) A person convicted of an offense under IC 35-43-5 or IC 35-43-10 related to the application for or receipt of Medicaid assistance is ineligible to receive Medicaid assistance under this article for the following time:

(1) One (1) year if the conviction is for the person’s first offense.

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Terms Used In Indiana Code 12-15-2-20

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) Two (2) years if the conviction is for the person’s second offense.

(3) Ten (10) years if the conviction is for the person’s third or subsequent offense.

     (b) A person’s ineligibility period for Medicaid assistance described in subsection (a) begins either:

(1) on the date the person is sentenced, if the person’s sentence does not include incarceration; or

(2) on the date the individual is released from incarceration.

     (c) Upon receipt of substantiated evidence that a person has committed fraud concerning the application for or receipt of Medicaid assistance, the office may remove the person from receiving Medicaid assistance for one (1) year. If the office determines that a person receiving Medicaid assistance is to be removed from receiving Medicaid assistance under this subsection, the person may appeal the determination. An appeal under this subsection is subject to IC 4-21.5.

     (d) The office may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.46-1995, SEC.36. Amended by P.L.241-2003, SEC.3; P.L.197-2013, SEC.10.