(a) Any person who is found guilty of or who pleads guilty or nolo contendere to Medicaid fraud as described in this subchapter shall pay one (1) of the following fines:
(1) If no monetary loss is incurred by the Arkansas Medicaid Program, a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000) for each omission or fraudulent act or claim; or
(2) If a monetary loss is incurred by the Arkansas Medicaid Program, a fine of an amount not less than the amount of the monetary loss to the Arkansas Medicaid Program and not more than three (3) times the amount of the monetary loss to the Arkansas Medicaid Program.
(b)
(1) The fines described in subdivision (a)(2) of this section may be waived by the prosecuting attorney.
(2) If the fines are waived, the trier of fact may impose fines under § 5-4-201.
(c) All fines assessed under subsection (a) of this section shall be credited to the general revenues of the State of Arkansas.
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