72 Pa. Stat. § 3761-521

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 3761-521 - Penalties
(a) Prohibited acts.--It shall be unlawful for any person to submit a false or fraudulent claim or application under this subchapter, including, but not limited to:
(1) aiding or abetting another in the submission of a false or fraudulent claim or application;
(2) receiving benefits or reimbursement under a private, Federal or State program for prescription assistance and claiming or receiving duplicative benefits hereunder;
(3) soliciting, receiving, offering or paying any kickback, bribe or rebate, in cash or in kind, from or to any person in connection with the furnishing of services under this subchapter;
(4) engaging in a pattern of submitting claims that repeatedly uses incorrect National Drug Code numbers; or
(5) otherwise violating any provision of this subchapter.
(b) Civil penalty.--In addition to any appropriate criminal penalty for prohibited acts under this subchapter whether or not that act constitutes a crime under 18 Pa.C.S. (relating to crimes and offenses), a provider who violates this section may be liable for a civil penalty in an amount not less than $500 and not more than $10,000 for each violation of this act which shall be collected by the department. Each violation constitutes a separate offense. If the department collects three or more civil penalties against the same provider, the provider shall be ineligible to participate in either PACE or PACENET for a period of one year. If more than three civil penalties are collected from any provider, the department may determine that the provider is permanently ineligible to participate in PACE or PACENET.
(c) Suspension of license.--The license of any provider who has been found guilty under this subchapter shall be suspended for a period of one year. The license of any provider who has committed three or more violations of this subchapter may be suspended for a period of one year.
(d) Reparation.--Any provider, claimant or other person who is found guilty of a crime for violating this subchapter shall repay three times the value of the material gain received. In addition to the civil penalty authorized pursuant to subsection (b), the department may require the provider, claimant or other person to repay up to three times the value of any material gain to PACE or PACENET.

72 P.S. § 3761-521

1971, Aug. 26, P.L. 351, No. 91, § 521, added 1996, Nov. 21, P.L. 741l, No. 134, § 2, imd. effective. Amended 2003, Nov. 26, P.L. 212, No. 37, §6, imd. effective; 2006 , July 7, P.L. 1061, No. 111, § 10, imd. effective.