56-209o. FAILURE TO RETAIN RECORDS. (1) Whoever receives payment for treatment, services or goods under the provisions of this chapter or under the state plan pursuant to subchapter XIX or XXI, chapter 7, title 42, U.S.C., shall retain for a period of at least five (5) years all records required to be maintained by rule of the department for administration of the medicaid program.

(2) It shall be unlawful with an intent to evade or avoid the provisions of this act: to fail to retain the records specified in subsection (1) of this section for a period of at least five (5) years from the date payment was claimed or received, whichever is later; or to knowingly destroy or cause the records specified in subsection (1) of this section to be destroyed within five (5) years from the date payment was claimed or received, whichever is later. Any person who, with an intent to evade or avoid the provisions of this act, fails to retain records or destroys records or causes records to be destroyed as provided in this subsection (2), with an intent to evade or avoid the provisions of this act, shall be subject to the following criminal sanctions:

(a) If the treatment, services or goods for which records were not retained or for which records were destroyed amount to not more than one thousand dollars ($1,000), the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.

(b) If the value of the treatment, services or goods for which records were not retained or for which records were destroyed is more than one thousand dollars ($1,000), the person shall be guilty of a felony and shall be sentenced pursuant to section 18-112, Idaho Code.

(c) If the records not retained or destroyed were used in whole or in part to determine a rate of payment under the program, the person shall be guilty of a misdemeanor and shall be sentenced pursuant to section 18-113, Idaho Code.

History:

[56-209o, added 2007, ch. 341, sec. 3, p. 1004.]