HR Team Member Handbook 2025

Under civil provisions of the MASHA, codified at N.J.S.A. § 30:4D-7(h) and 30:4D-17(e)- (i), participants: (1) shall repay with interest any amounts received as a result of unintentional violations; and (2) are liable to pay up to triple damages and (as a result of the New Jersey False Claims Act) between $5,500 and $11,000 per false claim when violations of the Medicaid statute are intentional, or when there is a violation of the New Jersey False Claims Act. Participants engaging in civil violations may be excluded from participation in Medicaid and other health care programs under N.J.S.A. § 30:4D-17.1(a).

NJ Health Care Claims Fraud Act

New Jersey Code of Criminal Justice Title 2C:21-4.2

On January 15, 1998, the new crime of “health care claims fraud” was established under the New Jersey Health Care Claims Fraud Act. This act provides for criminal penalties for health care fraud to programs funded in whole or in part by New Jersey state funds. The NJ Health Care Claims Fraud Act is intended to enable more effective criminal prosecution of individuals who knowingly or recklessly submit false or fraudulent claims for payment of health care services. Health care claims fraud under this act is defined as making, or causing to be made, a false, fictitious, fraudulent, or misleading statement of material fact in, or omitting a material fact from, or causing a material fact to be omitted from, any record, bill, claim or other document, in writing, electronically or in any other form, that a person attempts to submit, submits, causes to be submitted or attempts to cause to be submitted for payment or reimbursement for health care services.

New Jersey Medicaid Program Integrity and Protection Act

Codified at N.J.S.A. § 30:4D-53 through 64

Participants shall refrain from engaging in fraud or other criminal violations relating to Title XIX Medicaid-funded programs. Prohibited conduct includes, but is not limited to (a) fraudulent receipt of payments or benefits; (b) false claims, statements or omissions, or conversion of benefits or payments; (c) kickbacks, rebates, and bribes; and (d) false statements or representations about conditions or operations of an institution or facility to qualify for payments. Participants engaging in criminal violations may be excluded from participation in Medicaid and other health care programs under N.J.S.A. § 30:4D 57.

Federal Anti-Kickback Statute

Codified at 42 U.S.C. § 1320: a-7b

It is illegal to knowingly and willfully solicit or receive anything of value directly or indirectly, overtly, or covertly, in cash or in kind, in return for referring an individual or ordering or arranging for any good or service for which payment may be made in whole or part under a federal health care program. Protection For Whistleblowers: The Federal False Claims Act permits a person with knowledge of fraud against the United States Government to file a lawsuit on behalf of the government against a business that committed the fraud, known as a qui tam action or whistleblower. Anyone initiating a qui tam case may not be discriminated or retaliated against in any manner by their employer. The employee is authorized under the Federal False Claims Act to initiate court proceedings to make themselves whole for any job related losses resulting from any such discrimination or retaliation.