(a)

(1) It is unlawful for any person to commit Medicaid fraud as prohibited by § 5-55-111.

(2) Medicaid fraud is a:

(A) Class C felony if the aggregate amount of payments illegally claimed is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000);

(B) Class B felony if the aggregate amount of payments illegally claimed is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000); and

(C) Class A felony if the aggregate amount of payments illegally claimed is twenty-five thousand dollars ($25,000) or more.

(3) Otherwise, Medicaid fraud is a Class A misdemeanor.

(b) (1) A person commits illegal Medicaid participation if:

(A) Having been found guilty of or having pleaded guilty or nolo contendere to the charge of Medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq., that person participates directly or indirectly in the Arkansas Medicaid Program; or

(B) As a certified health provider, enrolled in the Arkansas Medicaid Program pursuant to Title XIX of the Social Security Act, as amended, 42 U.S.C. § 1396 et seq., or the fiscal agent of the certified health provider, employs, or engages as an independent contractor, or engages as a consultant, or otherwise permits the participation in the business activities of the certified health provider, any person who has pleaded guilty or nolo contendere to or has been found guilty of a charge of Medicaid fraud, theft of public benefits, § 5-36-202, or abuse of adults, § 5-28-101 et seq., as defined in the Arkansas Criminal Code, § 5-1-101 et seq.

(2) Illegal Medicaid participation is a:

(A) Class A misdemeanor for the first offense;

(B) Class D felony for the second offense; and

(C) Class C felony for the third offense and subsequent offenses.