# Criminal Law (GCR)

## Title 8. Fraud and Related Crimes

### Subtitle 5. Public Fraud

#### Section 8-501

In this part, "fraud" includes:

(1) the willful making of a false statement or a false representation;

(2) the willful failure to disclose a material change in household or financial condition; or

(3) the impersonation of another.

#### Section 8-502

This part does not apply to a violation of Part II of this subtitle.

#### Section 8-503

(a) This section applies to money, property, food stamps, or other assistance that is provided under a social or nutritional program based on need that is:

  (1) financed wholly or partly by the State; and

  (2) administered by the State or a political subdivision of the State.

(b) By fraud, a person may not obtain, attempt to obtain, or help another person to obtain or attempt to obtain, money, property, food stamps, or other assistance to which the person is not entitled.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(d)

  (1) A person who is convicted of a violation of this section shall make full restitution of the money or the value of the property, food stamps, or other assistance obtained by the person in violation of this section.

  (2) Full restitution under paragraph (1) of this subsection shall be made after the person has received notice and has been given the opportunity to be heard as to the amount of payment and how it is to be made.

#### Section 8-504

(a) An application for money, property, food stamps, or other assistance, under a nutritional program based on need or a social program financed in whole or in part by the State, and administered by the Department of Human Services, the Maryland Department of Health, or a local department of social services, whether under this or any other article of the Code, shall be in writing and signed by the applicant.

(b) A person may not make a false or fraudulent statement with the intent to obtain money, property, food stamps, or other assistance in making and signing the application required in subsection (a) of this section.

(c) A person who violates this section is guilty of the misdemeanor of perjury and on conviction is subject to the penalties provided for perjury in Sec. 9-101 of this article.

#### Section 8-505

(a) A person with intent to defraud may not make an unauthorized disposition of food donated under a program of the federal government.

(b) A person who is not authorized to receive food donated under any program of the federal government may not convert the food to the person's own use or benefit.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

#### Section 8-508

(a) In this part the following words have the meanings indicated.

(b) "False representation" means the knowing and willful:

  (1) concealing, falsifying, or omitting of a material fact;

  (2) making of a materially false or fraudulent statement; or

  (3) use of a document that contains a statement of material fact that the user knows to be false or fraudulent.

(c)

  (1) "Health care service" means health or medical care procedures, goods, or services that:

    (i) provide testing, diagnosis, or treatment of human disease or dysfunction; or

    (ii) dispense drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction.

  (2) "Health care service" includes any procedure, goods, or service that is a required benefit of a State health plan.

(d) "Representation" includes an acknowledgment, certification, claim, ratification, report of demographic statistics, encounter data, enrollment claims, financial information, health care services available or rendered, and qualifications of a person rendering health care or ancillary services.

(e) "Serious injury" means an injury that:

  (1) creates a substantial risk of death;

  (2) causes serious permanent or serious protracted disfigurement;

  (3) causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty;

  (4) causes serious permanent or serious protracted impairment of the function of any bodily member or organ; or

  (5) involves extreme physical pain.

(f)

  (1) "State health plan" includes:

    (i) the State Medical Assistance Plan established in accordance with Title XIX of the federal Social Security Act of 1939;

    (ii) a medical assistance plan established by the State; or

    (iii) a private health insurance carrier, health maintenance organization, managed care organization as defined in Sec. 15-101 of the Health - General Article, health care cooperative or alliance, or other person that provides or contracts to provide health care services that are wholly or partly reimbursed by or are a required benefit of a health plan established in accordance with Title XIX of the federal Social Security Act of 1939 or by the State.

  (2) "State health plan" includes a person that provides or contracts or subcontracts to provide health care services for an entity described in paragraph (1) of this subsection.

#### Section 8-509

A person may not:

(1) knowingly and willfully defraud or attempt to defraud a State health plan in connection with the delivery of or payment for a health care service;

(2) knowingly and willfully obtain or attempt to obtain by means of a false representation money, property, or any thing of value in connection with the delivery of or payment for a health care service that wholly or partly is reimbursed by or is a required benefit of a State health plan;

(3) knowingly and willfully defraud or attempt to defraud a State health plan of the right to honest services; or

(4) with the intent to defraud make a false representation relating to a health care service or a State health plan.

#### Section 8-510

A person who has applied for or received a benefit or payment under a State health plan for the use of another individual may not knowingly and willfully convert all or any part of a State health plan benefit or payment to a use that is not for the authorized beneficiary.

#### Section 8-511

A person may not:

(1) provide to another individual items or services for which payment wholly or partly is or may be made from federal or State funds under a State health plan; and

(2) solicit, offer, make, or receive a kickback or bribe in connection with providing those items or services or making or receiving a benefit or payment under a State health plan.

#### Section 8-512

A person may not solicit, offer, make, or receive a rebate of a fee or charge for referring another individual to a third person to provide items or services for which payment wholly or partly is or may be made from federal or State funds under a State health plan.

#### Section 8-513

A person may not knowingly and willfully make, cause to be made, induce, or attempt to induce the making of a false representation with respect to the conditions or operation of a facility, institution, or State health plan in order to help the facility, institution, or State health plan qualify to receive reimbursement under a State health plan.

#### Section 8-514

A person may not knowingly and willfully obtain, attempt to obtain, or aid another individual in obtaining or attempting to obtain a drug product or medical care, the payment of all or a part of which is or may be made from federal or State funds under a State health plan, by:

(1) fraud, deceit, false representation, or concealment;

(2) counterfeiting or alteration of a medical assistance prescription or a pharmacy assistance prescription distributed under a State health plan;

(3) concealment of a material fact; or

(4) using a false name or a false address.

#### Section 8-515

A person may not knowingly and willfully possess a medical assistance card or a pharmacy assistance card distributed under a State health plan or the Medical Assistance or Pharmacy Assistance Program established by Title 15 of the Health - General Article without the authorization of the person to whom the card is issued.

#### Section 8-516

(a) If a violation of this part results in the death of an individual, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding life or a fine not exceeding $200,000 or both.

(b) If a violation of this part results in serious injury to an individual, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both.

(c) If the value of the money, health care services, or other goods or services involved is $1,500 or more in the aggregate, a person who violates a provision of this part is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $100,000 or both.

(d) A person who violates any other provision of this part is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $50,000 or both.

(e)

  (1) In this subsection, "business entity" includes an association, firm, institution, partnership, and corporation.

  (2) A business entity that violates a provision of this part is subject to a fine not exceeding:

    (i) $250,000 for each felony; and

    (ii) $100,000 for each misdemeanor.

#### Section 8-517

(a) A health care provider who violates a provision of this part is liable to the State for a civil penalty not more than three times the amount of the overpayment.

(b) The civil penalty provided in this section is in addition to any other penalty provided by law.

(c) This section may not be construed to limit a victim's right to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.

#### Section 8-520

(a) In this section, "public safety officer" means:

  (1) a police officer;

  (2) a paid or volunteer fire fighter;

  (3) an emergency medical technician;

  (4) a rescue squad member;

  (5) the State Fire Marshal; or

  (6) a sworn officer of the State Fire Marshal.

(b) This section does not prohibit, limit, or interfere with the right of an off-duty public safety officer who is not in uniform from participating in a charitable or other fundraising campaign.

(c) A person may not encourage, solicit, or receive contributions of money or any thing of value for, or offer any thing for sale in, a charitable or other fundraising campaign by representing to the public that the charitable or other fundraising campaign is approved by:

  (1) a police or fire department in the State without the prior written consent of the chief administrative officer of the police or fire department or from the chief administrative officer's designee; or

  (2) a public safety officer or member of the family of a public safety officer without the prior written consent of the public safety officer or a family member of the public safety officer.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both for each violation.

#### Section 8-521

(a) A person may not obtain or attempt to obtain legal representation from the Office of the Public Defender by willfully and knowingly:

  (1) making a false representation or false statement;

  (2) failing to disclose the person's true financial condition; or

  (3) using any other fraudulent means.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

#### Section 8-522

(a) This section applies to a simulated document even if the document contains a statement that it is not legal process or a government document.

(b)

  (1) A person may not use, sell, or send or deliver to another, with the intent to induce the payment of a claim, a document that:

    (i) simulates a summons, complaint, or other court process of any kind; or

    (ii) implies that the person is a part of or associated with a unit of the federal government or a unit of the State or a county or municipal government.

  (2) With intent to induce the payment of a claim, a person may not use a seal, insignia, envelope, or any other form that simulates the seal, insignia, envelope, or form of any governmental unit.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding:

  (1) $100 for the first violation; and

  (2) $500 for each subsequent violation.

(d) This section does not prohibit the printing, publication, or distribution of genuine court or legal process forms in blank.

(e) Proof that the document was mailed or delivered to any person with the intent that it be forwarded to the intended recipient is sufficient proof of sending.

(f) A person who has been charged with a violation of this section may be prosecuted in the county in which the simulated document was used, sold, sent, or delivered.

#### Section 8-523

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Housing agency" means an agency established to administer a housing assistance program under the Housing and Community Development Article.

  (3) "Housing assistance" means financial assistance, as defined in Sec. 1-101 of the Housing and Community Development Article, offered for the purpose of obtaining housing based on need under a program administered by a housing agency and financed wholly or partially by federal, State, or local funds.

(b) A person may not knowingly make a false statement of a material fact for the purpose of influencing a housing agency regarding:

  (1) an application for housing assistance; or

  (2) an action affecting housing assistance already provided.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

#### Section 8-524

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Coercion" means:

    (i)

      (1) causing or threatening to cause bodily harm to an individual; or

      (2) physically restraining or confining or threatening to physically restrain or confine an individual;

    (ii) exposing or disseminating or threatening to expose or disseminate any fact or information that would tend to subject an individual to criminal or immigration proceedings, hatred, contempt, or ridicule;

    (iii) destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of an individual;

    (iv) providing a controlled dangerous substance to an individual for the purpose of compelling the individual to engage in an action against the individual's will;

    (v) causing or threatening to cause financial harm to an individual or exerting financial control over a disabled or elderly adult; or

    (vi) depriving an individual of medical care.

  (3) "Controlled dangerous substance" has the meaning stated in Sec. 5-101 of this article.

  (4) "Deception" means:

    (i) creating or confirming another person's impression of an existing fact or past event that is false and that the accused knows or believes to be false; or

    (ii) promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed.

  (5) "Exploitation" means illegally or improperly using an individual or an individual's government benefits through undue influence, harassment, duress, false representation, false pretense, or other similar means for personal profit or advantage or for the profit or advantage of another.

  (6) "Government benefits" includes:

    (i) Medicare benefits;

    (ii) Medicaid benefits;

    (iii) Temporary Assistance for Needy Families (TANF) benefits;

    (iv) Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) benefits;

    (v) Supplemental Nutrition Assistance Program (SNAP) benefits;

    (vi) Social Security benefits;

    (vii) Social Security Disability (SSDI) benefits;

    (viii) veterans benefits;

    (ix) pension benefits;

    (x) Temporary Disability Assistance Program (TDAP) benefits; and

    (xi) Public Assistance to Adults (PAA) benefits.

  (7) "Isolation" means preventing an individual from having contact with friends or family, a welfare agency, law enforcement officers, health care providers, or other individuals or entities without the knowledge of the individual or against the individual's wishes.

(b)

  (1) A person may not, through deception, coercion, exploitation, or isolation, knowingly recruit, harbor, transport, or obtain an individual for the purpose of appropriating the government benefits of an individual for personal benefit or to benefit another.

  (2) A person may not knowingly benefit financially or by receiving anything of value from participation in a venture that violates paragraph (1) of this subsection.

  (3) A person may not aid, abet, or conspire with one or more persons to violate paragraph (1) of this subsection.

(c)

  (1) If the aggregate value of the government benefits involved is less than $1,500, a person who violates a provision of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

  (2) If the aggregate value of the government benefits involved is at least $1,500 but less than $25,000, a person who violates a provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

  (3) If the aggregate value of the government benefits involved is at least $25,000, but less than $100,000, a person who violates a provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $15,000 or both.

  (4) If the aggregate value of the government benefits involved is $100,000 or more, a person who violates a provision of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $25,000 or both.

(d)

  (1) Each violation of this section shall be considered a separate offense.

  (2) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

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Md. Code Ann., Crim. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)