New Mexico Forms Library

14-4410. Medicaid fraud; receiving anything of value; precondition.

            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 received ______________¹, which is anything of value.

            2.         The defendant received ______________¹ with the intent to retain it.

            3.         The defendant knew ______________¹ was in excess of amounts authorized under the program.

            4.         The defendant’s receipt of ______________¹ was a [precondition of providing treatment, care, services or goods] [a requirement for continued provision of treatment, care, services or goods]².

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

USE NOTES

            1.         Name the item(s).

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

            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.]