Florida statute

Fla. Stat. § 812.0191 — Dealing in property paid for in whole or in part by the Medicaid program

Current through 2025 Florida Statutes

Part of Chapter 812: Theft, Robbery, and Related Crimes, Florida Statutes.

Criminal charges under this statute

Dealing in property paid for in whole or in part by the Medicaid program

Full text of Fla. Stat. § 812.0191

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 812.0191Primary source, current through the 2025 Florida Statutes

(1) As used in this section, the term:(a) “Property paid for in whole or in part by the Medicaid program” means any devices, goods, services, drugs, or any other property furnished or intended to be furnished to a recipient of benefits under the Medicaid program.(b) “Value” means the amount billed to Medicaid for the property dispensed or the market value of the devices, goods, services, or drugs at the time and place of the offense. If the market value cannot be determined, the term means the replacement cost of the devices, goods, services, or drugs within a reasonable time after the offense. (2) Any person who traffics in, or endeavors to traffic in, property that he or she knows or should have known was paid for in whole or in part by the Medicaid program commits a felony.(a) If the value of the property involved is less than $20,000, the crime is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(b) If the value of the property involved is $20,000 or more but less than $100,000, the crime is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.(c) If the value of the property involved is $100,000 or more, the crime is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.The value of individual items of the devices, goods, services, drugs, or other property involved in distinct transactions committed during a single scheme or course of conduct, whether involving a single person or several persons, may be aggregated when determining the punishment for the offense. (3) Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises the obtaining of property paid for in whole or in part by the Medicaid program and who traffics in, or endeavors to traffic in, such property commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Official sources

Legal terms used in this section

Questions this section answers

Is dealing in property paid for in whole or in part by the Medicaid program a felony or a misdemeanor in Florida?

It depends on the circumstances: dealing in property paid for in whole or in part by the Medicaid program ranges from a Felony of the Third Degree to a Felony of the First Degree in Florida under Fla. Stat. § 812.0191.

Trafficking in Medicaid-paid property (value under $20,000): Felony of the Third Degree (Fla. Stat. § 812.0191(2)(a)) · Trafficking in Medicaid-paid property ($20,000 to under $100,000): Felony of the Second Degree (Fla. Stat. § 812.0191(2)(b)) · Trafficking in Medicaid-paid property ($100,000 or more): Felony of the First Degree (Fla. Stat. § 812.0191(2)(c)) · Organizing or directing scheme to obtain and traffic Medicaid-paid property: Felony of the First Degree (Fla. Stat. § 812.0191(3))

Which Florida statute covers dealing in property paid for in whole or in part by the Medicaid program?

Dealing in property paid for in whole or in part by the Medicaid program is governed by Fla. Stat. § 812.0191 (Dealing in property paid for in whole or in part by the Medicaid program).

This reference is informational and is not legal advice.