Section 1101.76. Criminal penalties

A person who is convicted of committing an offense listed in § 1101.75(a)(1)—(10) and (12)—(14) (relating to provider prohibited acts) will be subject to the following penalties:

(1) For the first conviction, the person is guilty of a felony of the third degree and is subject to a maximum penalty of a $15,000 fine and 7 years imprisonment for each violation.

(2) When a person has been previously convicted in a State or Federal court of conduct that would constitute a violation of § 1101.75(a)(1)—(10) and (12)—(14), a subsequent allegation, indictment or information under § 1101.75(a) shall be classified as a felony of the second degree with a maximum penalty of $25,000 and 10 years imprisonment.

(3) In addition to the penalties specified in subsections (a) and (b) and as ordered by the court, the convicted person shall repay the amount of excess benefits or payments received under the program, plus interest on the amount at the maximum legal rate. Interest will be calculated from the date payment was made by the Department to the date full repayment is made to the Commonwealth.

(4) As ordered by the Court, a convicted person shall pay to the Commonwealth an amount not to exceed threefold the amount of excess benefits or payments.

(5) The convicted person is ineligible to participate in the program for 5 years from the date of the conviction.

The provisions of this § 1101.76 adopted November 18, 1983, effective November 19, 1983, 13 Pa.B. 3653.

Notation

Authority

The provisions of this § 1101.76 issued sections 403(a) and (b), 441.1 and 1410 under the act of June 13, 1967 (P. L. 31, No. 21) (62 P. S. § § 403(a) and (b), 441.1 and 1410).

Cross References

This section cited in 55 Pa. Code § 51.27 (relating to misuse and abuse of funds and damage of participant’s property); and 55 Pa. Code § 1101.75 (relating to provider prohibited acts).