Civil Forfeiture of Property and Proceeds Obtained Through Medicaid Fraud

1. Law
2. Georgia Code
3. Social Services
4. Public Assistance
5. Medical Assistance Generally
6. Civil Forfeiture of Property and Proceeds Obtained Through Medicaid Fraud

1. As used in this Code section, the term:
   1. "Civil forfeiture proceeding" shall have the same meaning as set forth in Code Section 9-16-2.
   2. "Medicaid fraud" means:
      1. A violation of Code Section 49-4-146.1; or
      2. A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of:
         1. Chapter 8 of Title 16, relating to offenses involving theft;
         2. Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or
         3. Code Section 16-10-21, relating to conspiracy to defraud the state or its political subdivisions.
   3. "Proceeds" shall have the same meaning as set forth in Code Section 9-16-2.
   4. "Property" shall have the same meaning as set forth in Code Section 9-16-2.
2. Any property which is directly or indirectly obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article and any proceeds shall be subject to civil forfeiture proceedings in accordance with Chapter 16 of Title 9. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits.

(Code 1981, §49-4-146.3, enacted by Ga. L. 1997, p. 1596, § 3; Ga. L. 1998, p. 128, § 49; Ga. L. 1998, p. 664, § 2; Ga. L. 1999, p. 296, § 24; Ga. L. 2000, p. 1225, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 362, § 36; Ga. L. 2015, p. 693, § 3-29/HB 233.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 1997, p. 1596, § 1.1, not codified by the General Assembly, provides: "Sections 2 and 3 of this Act shall be known and may be cited as the 'Medicaid Fraud Forfeiture Act of 1997."'

Ga. L. 1997, p. 1596, § 2, effective May 5, 1997, not codified by the General Assembly, provides: "The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medicaid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud committed to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49."

Ga. L. 2000, p. 1225, § 8, not codified by the General Assembly, provides that the amendment to this Code section is applicable to civil actions filed on or after July 1, 2000.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article commenting on the enactment of this Code section, see 14 Ga. St. U. L. Rev. 276 (1997). For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).

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