MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Health and Human Services
By: Representative Mims
AN ACT TO AMEND SECTION 97-7-42, MISSISSIPPI CODE OF 1972, TO REVISE AND UPDATE THE PROVISIONS ESTABLISHING CRIMINAL OFFENSES AND PENALTIES FOR FRAUDULENT ACTIONS INVOLVING BENEFITS UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM; TO AMEND SECTION 97-19-71, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-7-42, Mississippi Code of 1972, is amended as follows:
97-7-42. * * *
(1) Any person who knowingly:
(a) Fails, by false statement, misrepresentation, impersonation or other fraudulent means, to disclose a material fact used in making a determination as to the person's qualification to receive aid or benefits or services under the Supplemental Nutrition Assistance Program; or
(b) Fails to disclose a change in circumstances in order to obtain or continue to receive under that program aid or benefits or services to which the person is not entitled or in an amount larger than that to which the person is entitled, or who knowingly aids and abets another person in the commission of any such act, is guilty of fraud.
(2) Any person who knowingly:
(a) Uses, transfers, acquires, traffics, alters, forges or possesses;
(b) Attempts to use, transfer, acquire, traffic, alter, forge or possess; or
(c) Aids and abets another person in the use, transfer, acquisition, trafficking, alteration, forgery or possession of a food stamp, a food stamp identification card, an electronic benefits transfer card or the benefits accessed by the card, or an authorization of the purchase of food stamps, is guilty of fraud.
(3) Any person who knowingly exchanges or attempts to exchange food purchased or obtained with benefits, or an electronic benefits transfer card, under the federal Food and Nutrition Program for cash or anything of value other than food, is guilty of fraud.
(4) Any person having duties in the administration of the Supplemental Nutrition Assistance Program who fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of, a food stamp, an authorization for food stamps, a food stamp identification card, an electronic benefits transfer card, the benefits accessible by the card with which the person has been entrusted or of which the person has gained possession by virtue of the person's position, or who knowingly fails to disclose any such fraudulent activity, is guilty of fraud.
(5) Any person who knowingly signs, or aids and abets any person to sign, a false application for the replacement of benefits or aid to which that person is entitled claiming that person's benefits or aid was not received, is guilty of fraud.
(6) Any person convicted of the crime of fraud under this section shall be:
(a) Punished by commitment to the Department of Corrections for a term not exceeding three (3) years, and fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), for fraud in the amount of One Hundred Dollars ($100.00) or more; or
(b) Punished by imprisonment in the county jail for a term not exceeding one (1) year, and fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), for fraud in the amount of less than One Hundred Dollars ($100.00); and
(c) Ordered to make full restitution of the benefits or the value of the benefits, to be paid directly to the Mississippi Department of Human Services after the fees and fines have been paid to the county; and
(d) Disqualified from participation in the Supplemental Nutrition Assistance Program for not less than twelve (12) months for the first offense, not less than twenty-four (24) months for the second offense, and permanently for the third offense.
(7) Any person eligible for nonadjudication of guilt under Section 99-15-26 shall be disqualified from participation in the Supplemental Nutrition Assistance Program for twelve (12) months for the first offense, twenty-four (24) months for the second offense, and permanently for the third offense upon signing a disqualification consent agreement.
SECTION 2. Section 97-19-71, Mississippi Code of 1972, is amended as follows:
97-19-71. (1) Any person who knowingly:
(a) Fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person's qualification to receive aid or benefits or services under any state or federally funded assistance program; or
(b) Fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits or services to which he is not entitled or in an amount larger than that to which he is entitled, or who knowingly aids and abets another person in the commission of any such act, is guilty of fraud.
(2) Any person who knowingly:
(a) Uses, transfers, acquires, traffics, alters, forges or possesses;
(b) Attempts to use, transfer, acquire, traffic, alter, forge or possess; or
(c) Aids and abets
another person in the use, transfer, acquisition, trafficking, alteration,
forgery or possession of * * *a food stamp, a food stamp identification card, an electronic
benefits transfer card or the benefits accessed by such card, * * *
a certificate of eligibility for medical services, or a Medicaid identification
card, for profit or in any manner not authorized by law or regulations issued
by the agency responsible for the administration of the state or federally
funded program, is guilty of fraud.
(3) Any person who
knowingly * * *
exchanges * * * or
* * * attempts to exchange food purchased or
obtained with benefits or an electronic benefits transfer card under the
federal Food and Nutrition Program for cash or anything of value other than
food, is guilty of fraud.
(4) Any person having
duties in the administration of a state or federally funded assistance program
who fraudulently misappropriates, attempts to misappropriate, or aids and abets
in the misappropriation of, * * * an electronic benefits transfer card, the
benefits accessible by such card, a certificate of eligibility for prescribed
medicine, a Medicaid identification card, or assistance from any other state or
federally funded program with which he has been entrusted or of which he has
gained possession by virtue of his position, or who knowingly fails to disclose
any such fraudulent activity, is guilty of fraud.
(5) Any person who:
(a) Knowingly files, attempts to file, or aids and abets in the filing of, a claim for services to a recipient of benefits under any state or federally funded assistance program for services which were not rendered; knowingly files a false claim for nonauthorized items or services under such a program; or knowingly bills the recipient of benefits under such a program, or his family, for an amount in excess of that provided for by law or regulations; or
(b) In any way knowingly receives, attempts to receive, or aids and abets in the receipt of unauthorized payment as provided herein, is guilty of fraud.
(6) Any person who knowingly signs, or aids and abets any person to sign, a false application for the replacement of benefits or aid to which that person is entitled claiming that person's benefits or aid was not received, is guilty of fraud.
(7) Any person convicted of the crime of fraud under this section shall be:
(a) Punished by * * * commitment
to the Department of Corrections for a term not exceeding three (3) years,
and fined not less than One Thousand Dollars ($1,000.00) nor more than Ten
Thousand Dollars ($10,000.00); or
(b) Punished by imprisonment in the county jail for a term not exceeding one (1) year, and fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00); and
(c) Ordered to make full restitution of the money or services or the value of those services unlawfully received; and
(d) Where the legislation creating a program allows, suspended from participation in the program for the length of time allowed by the legislation creating the program.
(8) This section shall not prohibit prosecution under any other criminal statute of this state or the United States.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.