Understanding Arizona AHCCCS Fraud: ARS 20-463 & ARS 13-2310

Facing Arizona AHCCCS fraud charges can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process. 

This guide provides an in-depth examination of the Arizona AHCCCS fraud laws, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charges. 

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona  If you are charged with AHCCCS fraud, let Lawyer Listed match you with your ideal white collar crimes attorney as soon as possible.

What Is AHCCCS Fraud in Arizona?

AHCCCS Fraud in Arizona

AHCCCS: Arizona’s Healthcare System

AHCCCS (pronounced “access”) stands for Arizona Health Care Cost Containment System and is Arizona’s version of Medicaid.  Through AHCCCS, qualifying individuals and families with low incomes can access affordable health insurance. 

Arizona AHCCCS fraud happens when someone purposely gives false information to get healthcare benefits they should not receive or to avoid paying what they owe. In simple terms, it means lying about services, medical conditions, whether someone qualifies for benefits, or other important facts to obtain unwarranted payments or to avoid legitimate costs.

This type of fraud can be committed by both healthcare providers (like doctors, clinics, or hospitals) and people who receive AHCCCS benefits (patients). AHCCCS fraud is a type of insurance fraud, which falls under the healthcare fraud umbrella.

Examples of AHCCCS Fraud:

Arizona AHCCCS fraud involves dishonest actions to get unwarranted money or services from Arizona’s Medicaid program. Below are some of the most common examples of AHCCCS fraud:

Billing for Services Not Provided 

Billing for services not provided occurs when a provider submits claims to AHCCCS for medical services, procedures, tests, or treatments that were never delivered. This may include inflating the number of visits a patient received or creating claims for services that were never performed. For example, a provider might claim a patient had five visits when they only had two or submit bills for tests that were never performed.

Falsifying Patient Diagnoses

Falsifying patient diagnoses occurs when a healthcare provider intentionally misrepresents a patient’s condition to obtain payment for services that are not medically necessary. This fraudulent practice may include exaggerating the severity of an illness, inventing conditions, or otherwise altering medical records to justify billing AHCCCS for unwarranted procedures or treatments. For example, a provider might claim a patient has a serious illness when the patient only has a minor condition, allowing the provider to bill AHCCCS for expensive, unnecessary services.

Misrepresenting Procedures Performed

Misrepresenting procedures performed occurs when a provider intentionally submits claims to AHCCCS that do not accurately reflect the services delivered. This may involve billing for procedures that were never performed, altering procedure codes to obtain higher reimbursement, or misclassifying services to secure payment for noncovered care. 

Upcoding and Unbundling

Upcoding and unbundling are two common forms of AHCCCS fraud. Upcoding occurs when a provider bills for a more expensive procedure than the one actually performed. For example, charging for a complex surgery when only a simple procedure was performed. Unbundling occurs when a provider bills separately for services that should be grouped together and billed as a single procedure. Both practices inflate costs and improperly shift expenses onto the AHCCCS program.

Eligibility Fraud

Eligibility fraud occurs when an applicant or member knowingly provides false or misleading information to obtain AHCCCS benefits for which they are not eligible. Examples include underreporting income, misrepresenting residency, or concealing assets. Such conduct undermines the program’s purpose by diverting limited resources away from eligible individuals. 

Falsification of Claims

Falsification of claims encompasses a wide range of fraudulent activities intended to secure improper payment from AHCCCS. Examples include altering or fabricating medical records, intentionally submitting incorrect billing codes, double billing for the same service, offering or accepting kickbacks in exchange for referrals, and submitting wholly false information. Each of these practices constitutes fraud and undermines the integrity of the program.

Elements of the Crime:

The crime of AHCCCS fraud is primarily charged under Arizona’s fraudulent scheme law, ARS 13-2310. Under this statute, the State must prove each of the following elements beyond a reasonable doubt:

  • Knowledge: You acted knowingly. 
  • False conduct: You used false or fraudulent pretenses, representations, promises, or material omissions.
  • Scheme or artifice: You acted pursuant to a scheme or artifice (plan, device, or trick) to defraud.
  • Intent: You intended the scheme or artifice to mislead another person to gain a benefit. 
  • Benefit: You obtained a benefit as a result of the scheme or artifice. 

One important aspect of this law is that the victim’s reliance on the fraud is not an element of the crime. In other words, prosecutors are not required to prove that the victim believed your false statements or made decisions based on your deception.

Key Concepts of Fraudulent Schemes

General Terms

  • Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
  • Knowingly: You are aware of your actions or the circumstances that make up the offense. It does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.

Terms of Fraudulent Schemes 

  • Scheme: A plan. 
  • Artifice: An evil or artful strategy. 
  • Benefit: Anything of current or future value.
  • False or fraudulent pretense: The unauthorized use of an access device or the use of an access device to exceed authorized access.

Arizona Statute of Limitations for AHCCCS Fraud

The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. As a felony offense, prosecutors have up to seven years from the date of the alleged offense to bring AHCCCS fraud charges. 

Sentencing for AHCCCS Fraud

Sentencing Under Arizona Laws Lawyer Listed

The penalties for AHCCCS fraud in Arizona are substantial and can have longlasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.

The following table provides an overview of the potential sentence for AHCCCS fraud:

Offense Charge Prison Probation (max)
AHCCCS fraud (fraudulent scheme) Class 2 felony 3 – 12.5 years 7 years

If convicted of a fraudulent scheme involving a benefit of $100,000 or more, you must serve the entire prison term without suspension, probation, pardon, or early release.

When determining the magnitude of a fraudulent scheme, the State may add together the value of all unlawful benefits obtained as part of the same overall plan. This total can include benefits taken from one victim or from multiple victims, and it is used to decide whether the $100,000 threshold has been met.

Frequently Asked Questions (FAQs)

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition: Arizona AHCCCS fraud occurs when someone purposely submits false information to get healthcare benefits (payments or coverage) they shouldn’t receive or to avoid paying what they owe. This fraud can be committed by both healthcare providers and people receiving benefits.  
  • AHCCCS fraud charges: Common examples of AHCCCS Fraud Arizona include billing for services that were never provided, lying about patient diagnoses, lying about what procedures were performed, upcoding (billing for more expensive services), unbundling (billing separately for things usually billed together), eligibility fraud (lying about whether you qualify), resource misrepresentation (hiding money or assets), and falsification of claims (changing records or submitting false information). 
  • Elements of AHCCCS fraud (fraudulent scheme): When prosecuting AHCCCS fraud as a fraudulent scheme, the State must prove beyond a reasonable doubt that: 1) you acted knowingly; 2) you used lies, false promises, or omitted important facts; 3) you carried out a plan or scheme designed to cheat the system; 4) you intended to mislead to gain a benefit; and 5) you actually obtained a benefit.
  • Sentencing: 
    • AHCCCS fraud, as part of a fraudulent scheme, is classified as a Class 2 felony with a potential prison sentence ranging from 3 to 12.5 years and/or up to 7 years of probation.
    • If convicted of a fraudulent scheme involving $100,000 or more, you must serve the full prison term with no probation, suspension, pardon, or early release.

Statute of limitations: The statute of limitations for AHCCCS fraud is seven years from the date of the offense.

Next Steps:

AHCCCS fraud is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights. 

If you’re facing Arizona AHCCCS fraud charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.