New Mexico Forms Library

Decision Information

Form 14-4408. Medicaid fraud; soliciting or receiving kickbacks in connection with medicaid or a state or federally funded health care plan to or from a health care official.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,766 documents

Decision Content

14-4408. Medicaid fraud; soliciting or receiving kickbacks in connection with medicaid or a state or federally funded health care plan to or from a health care official.

            For you to find the defendant guilty of Medicaid fraud as charged in Count ____, the State must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

            1.         The defendant [offered] [promised] [solicited] [accepted] [paid] [received]1 ____________2, which is anything of value.

            2.         [The defendant made the [offer] [promise] [payment]1 to a health care official] or [The defendant was a health care official].1

            3.         The [offer] [promise] [solicitation] [acceptance] [payment] [receipt]1 was made with the intent to influence a decision or commit a fraud affecting a state or mandated managed health care plan.

            4.         This happened in New Mexico on or about the __________ day of ______________, __________.3

 

USE NOTES

            1.         Use only the applicable bracketed elements established by the evidence.

            2.         Name item.

            3.         The applicable definition or definitions from UJI 14-4401 NMRA must be given after this instruction.

[Adopted by Supreme Court Order No. 14-8300-005, effective for all cases filed or pending on or after December 31, 2014.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.