Section 119.130  Penalties

a)         Any person who takes any of the following actions is guilty of a Class 4 felony for the first offense and a Class 3 felony for each subsequent offense:

1)         on behalf of an authorized pharmacy, files a fraudulent claim for payment; or

2)         for compensation, prepares a claim for this program and knowingly enters false information on the claim for an applicant or a beneficiary; or

3)         fraudulently files multiple claims; or

4)         fraudulently states that a nondisabled person is disabled; or

5)         fraudulently procures a card; or

6)         fraudulently uses a card to obtain covered prescription drugs. (See 320 ILCS 25/9.)

b)         The Department, in cooperation with the Department on Aging, will recover from any beneficiary or authorized pharmacy any amount paid under this program on account of an erroneous or fraudulent claim, together with 6 percent interest per year.

c)         A prosecution for violation of the provisions of the Act may be undertaken at any time within three years after the commission of that violation.  [320 ILCS 25/9]

(Source:  Amended at 31 Ill. Reg. 5537, effective March 26, 2007)