K.S.A. Chapter 21 - Article 38
CRIMES AFFECTING GOVERNMENTAL FUNCTIONS
Current through End of 2010 Legislative Session
21-3801 Treason.
21-3802 Sedition.
21-3805 Perjury.
21-3807 Compounding a crime.
21-3808 Obstructing legal process or official duty.
21-3809 Escape from custody.
21-3810 Aggravated escape from custody.
21-3811 Aiding escape.
21-3812 Aiding a felon or person charged with a felony; aiding a person convicted of or charged with committing a misdemeanor.
21-3813 Failure to appear.
21-3814 Aggravated failure to appear.
21-3815 Attempting to influence a judicial officer.
21-3816 Interference with the administration of justice.
21-3817 Corrupt conduct by juror.
21-3818 Falsely reporting a crime.
21-3819 Performance of an unauthorized official act.
21-3820 Simulating legal process.
21-3821 Tampering with a public record.
21-3822 Tampering with public notice.
21-3823 False signing of a petition.
21-3824 False impersonation.
21-3825 Aggravated false impersonation.
21-3826 Traffic in contraband in a correctional institution or care and treatment facility.
21-3827 Criminal disclosure of a warrant.
21-3828 Interference with the conduct of public business in public buildings.
21-3829 Aggravated interference with the conduct of public business.
21-3830 Dealing in false identification documents.
21-3831 Witness or victim intimidation; definitions.
21-3832 Intimidation of a witness or victim.
21-3833 Aggravated intimidation of a witness or victim.
21-3834 Civil remedies, court orders authorized.
21-3835 Same; violation of court orders, penalties.
21-3836 Same; pretrial release, conditions of.
21-3837 Same; act part of criminal code.
21-3838 Unlawful disclosure of authorized interception of wire, oral or electronic communications.
21-3839 Harassment by telefacsimile communication.
21-3840 Failure to register an aircraft.
21-3841 Fraudulent aircraft registration.
21-3842 Fraudulent acts relating to aircraft identification numbers.
21-3843 Violation of a protective order.
21-3844 Kansas medicaid fraud control act; citation.
21-3845 Definitions.
21-3846 Making a false claim to the medicaid program.
21-3847 Unlawful acts relating to the medicaid program.
21-3848 Failure to maintain adequate records.
21-3849 Destruction or concealment of records.
21-3850 Defense of actions.
21-3851 Penalties; medicaid fraud reimbursement fund; medicaid fraud prosecution revolving fund.
21-3852 Medicaid fraud and abuse division in the office of the attorney general.
21-3853 Access to records by the attorney general.
21-3854 Other remedies available as provided by law.
21-3855 Severability clause.
21-3856 Obstruction of a medicaid fraud investigation.
(a) Treason is levying war against the state, adhering to its enemies, or giving them aid and comfort.
(b) No person shall be convicted of treason unless on the evidence of two witnesses to the overt act or confession in open court.
(c) Treason is an off-grid person felony.
History: L. 1969, ch. 180, § 21-3801; L. 1992, ch. 239, § 146; L. 1993, ch. 291, § 97; July 1.
(a) Sedition is advocating, or with knowledge of its contents knowingly publishing, selling or distributing any document which advocates, or, with knowledge of its purpose, knowingly becoming a member of any organization which advocates the overthrow or reformation of the existing form of government of this state by violence or unlawful means.
(b) Sedition is a severity level 7, nonperson felony.
History: L. 1969, ch. 180, § 21-3802; L. 1992, ch. 239, § 147; L. 1993, ch. 291, § 98; July 1.
(a) Perjury is intentionally, knowingly and falsely:
(1) Swearing, testifying, affirming, declaring or subscribing to any material fact upon any oath or affirmation legally administered in any cause, matter or proceeding before any court, tribunal, public body, notary public or other officer authorized to administer oaths;
(2) subscribing as true and correct under penalty of perjury any material matter in any declaration, verification, certificate or statement as permitted by K.S.A. 53-601 and amendments thereto; or
(3) subscribing as true and correct under penalty of perjury any statement as required by K.S.A. 75-5743, and amendments thereto.
(b) (1) Perjury is a severity level 7, nonperson felony if the false statement is made upon the trial of a felony charge.
(2) Perjury is a severity level 9, nonperson felony if the false statement is made in a cause, matter or proceeding other than the trial of a felony charge or is made under penalty of perjury in any declaration, verification, certificate or statement as permitted by K.S.A. 53-601 and amendments thereto.
History: L. 1969, ch. 180, § 21-3805; L. 1982, ch. 132, § 4; L. 1989, ch. 93, § 2; L. 1992, ch. 298, § 52; L. 1993, ch. 291, § 99; L. 1994, ch. 291, § 35; L. 1997, ch. 182, § 86; July 3.
(a) Compounding a crime is accepting or agreeing to accept anything of value as consideration for a promise: (1) Not to initiate or aid in the prosecution of a person who has committed a crime; or (2) to intentionally conceal or destroy evidence of a crime.
(b) Compounding a felony is a severity level 8, nonperson felony.
(c) Compounding a misdemeanor is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3807; L. 1992, ch. 298, § 53; L. 1993, ch. 291, § 100; July 1.
21-3808. Obstructing legal process or official duty.
(a) Obstructing legal process or official duty is knowingly and intentionally obstructing, resisting or opposing any person authorized by law to serve process in the service or execution or in the attempt to serve or execute any writ, warrant, process or order of a court, or in the discharge of any official duty.
(b) (1) Obstructing legal process or official duty in the case of a felony, or resulting from parole or any authorized disposition for a felony, is a severity level 9, nonperson felony.
(2) Obstructing legal process or official duty in a case of misdemeanor, or resulting from any authorized disposition for a misdemeanor, or a civil case is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3808; L. 1992, ch. 239, § 152; L. 1993, ch. 142, § 2; L. 1993, ch. 291, § 101; L. 1994, ch. 291, § 36; July 1.
(a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a misdemeanor, or on a charge or adjudication as a juvenile offender, as defined in K.S.A. 38-1602, and amendments thereto, where the act, if committed by an adult, would constitute a misdemeanor, or on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting a misdemeanor or by a person 18 years of age or over who is being held in lawful custody on an adjudication of a misdemeanor.
(b) As used in this section and K.S.A. 21-3810 and 21-3811, and amendments thereto:
(1) 'Custody' means arrest; detention in a facility for holding persons charged with or convicted of crimes or charged or adjudicated as a juvenile offender, as defined in section 2 [of 2006 SB 261], and amendments thereto, where the act, if committed by an adult, would constitute a misdemeanor; detention in a facility for holding persons adjudicated as juvenile offenders; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto; or any other detention for law enforcement purposes. 'Custody' does not include general supervision of a person on probation or parole or constraint incidental to release on bail.
(2) 'Escape' means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court.
(c) Escape from custody is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3809; L. 1982, ch. 134, § 1; L. 1986, ch. 123, § 1; L. 1992, ch. 298, § 88; L. 1993, ch. 291, § 102; L. 1996, ch. 185, § 1; L. 2006, ch. 169, § 97; January 1, 2007.
21-3810. Aggravated escape from custody.
Aggravated escape from custody is:
(a) Escaping while held in lawful custody (1) upon a charge or conviction of a felony or (2) upon a charge or adjudication as a juvenile offender as defined in section 2 [of 2006 SB 261], and amendments thereto, where the act, if committed by an adult, would constitute a felony or (3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05 and amendments thereto or (4) upon commitment to a treatment facility as a sexually violent predator as provided pursuant to K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting a felony or (6) by a person 18 years of age or over who is being held on an adjudication of a felony or (7) upon incarceration at a state correctional institution as defined in K.S.A. 75-5202 and amendments thereto, while in the custody of the secretary of corrections; or
(b) Escaping effected or facilitated by the use of violence or the threat of violence against any person while held in lawful custody (1) on a charge or conviction of any crime or (2) on a charge or adjudication as a juvenile offender as defined in section 2 [of 2006 SB 261], and amendments thereto, where the act, if committed by an adult, would constitute a felony or (3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05 and amendments thereto or (4) upon commitment to a treatment facility as a sexually violent predator as provided in K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting any crime or (6) by a person 18 years of age or over who is being held on a charge or adjudication of a misdemeanor or felony or (7) upon incarceration at a state correctional institution as defined in K.S.A. 75-5202 and amendments thereto, while in the custody of the secretary of corrections.
(c) (1) Aggravated escape from custody as described in subsection (a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) is a severity level 8, nonperson felony.
(2) Aggravated escape from custody as described in subsection (a)(2) or (a)(7) is a severity level 5, nonperson felony.
(3) Aggravated escape from custody as described in subsection (b)(1), (b)(3), (b)(4), (b)(5) or (b)(6) is a severity level 6, person felony.
(4) Aggravated escape from custody as described in subsection (b)(2) or (b)(7) is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3810; L. 1992, ch. 298, § 89; L. 1993, ch. 291, § 103; L. 1995, ch. 193, § 12; L. 1996, ch. 185, § 2; L. 1999, ch. 164, § 11; L. 2000, ch. 36, § 1; L. 2006, ch. 169, § 98; January 1, 2007.
Aiding escape is:
(a) Assisting another who is in lawful custody on a charge or conviction of crime, on a charge or adjudication of a misdemeanor or felony or on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting any crime to escape from such custody; or
(b) supplying to another who is in lawful custody on a charge or conviction of crime, on a charge or adjudication of a misdemeanor or felony or on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting any crime, any object or thing adapted or designed for use in making an escape, with intent that it shall be so used; or
(c) introducing into an institution in which a person is confined on a charge or conviction of crime, on a charge or adjudication of a misdemeanor or felony or into the state security hospital if such person is confined on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting any crime any object or thing adapted or designed for use in making any escape, with intent that it shall be so used.
(d) (1) Except as provided in paragraph (2), aiding escape is a severity level 8, nonperson felony.
(2) Aiding escape by an employee or volunteer of the department of corrections, or the employee or volunteer of a contractor who is under contract to provide services to the department of corrections, is a severity level 4, nonperson felony.
History: L. 1969, ch. 180, § 21-3811; L. 1992, ch. 298, § 90; L. 1993, ch. 291, § 104; L. 1996, ch. 185, § 3; L. 2008, ch. 158, § 1; July 1.
21-3812. Aiding a felon or person charged with a felony; aiding a person convicted of or charged with committing a misdemeanor.
(a) Aiding a felon is knowingly harboring, concealing or aiding any person who has committed a felony under the laws of this state other than a violation of K.S.A. 22-4903, and amendments thereto,or another state or the United States with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such felony.
Aiding a felon is a severity level 8, nonperson felony.
(b) Aiding a person charged with a felony is knowingly harboring, concealing or aiding a person who has been charged with a felony under the laws of this state other than a violation of K.S.A. 22-4903, and amendments thereto,or another state or the United States with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such felony.
Aiding a person charged with a felony is a severity level 8, nonperson felony.
(c) Aiding a person who has been convicted of or who has been charged with committing a misdemeanor under the laws of Kansas or another state is knowingly concealing or aiding such person with intent that such person shall avoid or escape from arrest, trial, conviction or punishment for such misdemeanor.
Aiding a person convicted of or charged with committing a misdemeanor is a class C misdemeanor.
(d) Aiding a person required to register under the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, is knowingly harboring, concealing or aiding any person who is required to register under the act and who is not in compliance with the requirements of the act with intent that such person shall avoid or escape from registration, arrest, trial, conviction, punishment or any criminal charges arising from the person’s failure to comply with the requirements of the act. Aiding a person required to register under the Kansas offender registration act is a severity level 5, person felony.
History: L. 1969, ch. 180, § 21-3812; L. 1992, ch. 239, § 156; L. 1993, ch. 291, § 105; L. 2006, ch. 212, § 14; July 1.
(a) Failure to appear is intentionally incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a misdemeanor and has been released on bond for appearance before any court of this state, other than the municipal court of a city, for trial or other proceeding prior to conviction, or intentionally incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after such person's conviction of a misdemeanor has become final by one who has been released on an appearance bond by any court of this state.
(b) Any person who is released upon the person's own recognizance, without surety, or who fails to appear in response to a summons or traffic citation, shall be deemed a person released on bond for appearance within the meaning of subsection (a).
(c) The provisions of subsection (a) shall not apply to any person who forfeits a cash bond supplied pursuant to law upon an arrest for a traffic offense.
(d) Failure to appear is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3813; L. 1970, ch. 124, § 5; L. 1977, ch. 105, § 9; L. 1992, ch. 298, § 54; L. 1993, ch. 291, § 106; July 1.
21-3814. Aggravated failure to appear.
(a) Aggravated failure to appear is willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days following the date of such forfeiture by one who is charged with a felony and has been released on bond for appearance before any court of this state, or willfully incurring a forfeiture of an appearance bond and failing to surrender oneself within 30 days after oneself's conviction of a felony has become final by one who has been released on an appearance bond by any court of this state.
(b) Aggravated failure to appear is a severity level 10, nonperson felony.
History: L. 1969, ch. 180, § 21-3814; L. 1970, ch. 124, § 6; L. 1992, ch. 239, § 158; L. 1993, ch. 291, § 107; July 1.
21-3815. Attempting to influence a judicial officer.
(a) Attempting to influence a judicial officer is communicating with any judicial officer in relation to any matter which is or may be brought before such judge, magistrate, master or juror with intent improperly to influence such officer.
(b) Attempting to influence a judicial officer is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3815; L. 1992, ch. 239, § 159; L. 1993, ch. 291, § 108; July 1.
21-3816. Interference with the administration of justice.
(a) Interference with the administration of justice is communicating in any manner a threat of violence to any judicial officer or any prosecuting attorney or harassing a judicial officer or a prosecuting attorney by repeated vituperative communication, or picketing, parading or demonstrating in or near a building housing a judicial officer or a prosecuting attorney or near such officer's or prosecuting attorney's residence or place of abode, with intent to influence, impede or obstruct the finding, decision, ruling, order, judgment or decree of such judicial officer or prosecuting attorney on any matter then pending before the officer or prosecuting attorney.
(b) Nothing in this section shall limit or prevent the exercise by any court of this state of its power to punish for contempt.
(c) Interference with the administration of justice is a class A nonperson misdemeanor.
(d) As used in this section, 'prosecuting attorney' has the meaning ascribed thereto in K.S.A. 22-2202, and amendments thereto.
History: L. 1969, ch. 180, § 21-3816; L. 1992, ch. 239, § 160; L. 1993, ch. 291, § 109; L. 1996, ch. 224, § 7; July 1.
21-3817. Corrupt conduct by juror.
(a) Corrupt conduct by a juror is the conduct of a person summoned or sworn as a juror in any case who:
(1) Promises or agrees to give a verdict for or against any party in any proceeding, civil or criminal; or
(2) receives any evidence or information from anyone in relation to any matter or cause for the trial of which such juror has been or will be sworn, without the authority of the court or officer before whom such juror has been summoned, and without immediately disclosing the same to such court or officer.
(b) Corrupt conduct by a juror is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3817; L. 1992, ch. 239, § 161; L. 1993, ch. 291, § 110; July 1.
21-3818. Falsely reporting a crime.
(a) Falsely reporting a crime is informing a law enforcement officer or state investigative agency that a crime has been committed, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information.
(b) Falsely reporting a crime is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3818; L. 1992, ch. 298, § 55; L. 1993, ch. 291, § 111; July 1.
21-3819. Performance of an unauthorized official act.
(a) Performance of an unauthorized official act is knowingly and without lawful authority:
(1) Conducting a marriage ceremony; or
(2) certifying an acknowledgment of the execution of any document which by law may be recorded.
(b) Performance of an unauthorized official act is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3819; L. 1992, ch. 239, § 163; L. 1993, ch. 291, § 112; July 1.
21-3820. Simulating legal process.
(a) Simulating legal process is:
(1) Sending or delivering to another any document which simulates or purports to be, or is designed to cause others to believe it to be, a summons, petition, complaint, or other judicial process, with intent thereby to induce payment of a claim; or
(2) printing, distributing or offering for sale any such document, knowing or intending that it shall be so used.
(b) Subsection (a) does not apply to the printing, distribution or sale of blank forms of legal documents intended for actual use in judicial proceedings.
(c) Simulating legal process is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3820; L. 1992, ch. 298, § 56; L. 1993, ch. 291, § 113; July 1.
21-3821. Tampering with a public record.
(a) Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record.
(b) Tampering with a public record is a class A nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3821; L. 1992, ch. 239, § 165; L. 1993, ch. 291, § 114; July 1.
21-3822. Tampering with public notice.
Tampering with public notice is knowingly and without lawful authority altering, defacing, destroying, removing or concealing any public notice posted according to law, during the time said notice is required or authorized to remain posted.
Tampering with public notice is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3822; July 1, 1970.
21-3823. False signing of a petition.
False signing of a petition is the affixing of any fictitious or unauthorized signature to any petition, memorial or remonstrance, intended to be presented to the legislature, or either house thereof, or to any agency or officer of the state of Kansas or any of its political subdivisions.
False signing of an official petition is a class C misdemeanor.
History: L. 1969, ch. 180, § 21-3823; July 1, 1970.
(a) False impersonation is representing oneself to be a public officer or public employee or a person licensed to practice or engage in any profession or vocation for which a license is required by the laws of the state of Kansas, with knowledge that such representation is false.
(b) False impersonation is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3824; L. 1992; ch. 298, § 57; L. 1993, ch. 291, § 115; July 1.
21-3825. Aggravated false impersonation.
(a) Aggravated false impersonation is falsely representing or impersonating another and in such falsely assumed character:
(1) Becoming bail or security, or acknowledging any recognizance, or executing any bond or other instrument as bail or security, for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or security;
(2) confessing any judgment;
(3) acknowledging the execution of any conveyance of property, or any other instrument which by law may be recorded; or
(4) doing any other act in the course of a suit, proceeding or prosecution whereby the person who is represented or impersonated may be made liable to the payment of any debt, damages, costs or sum of money, or such person's rights or interests may be in any manner affected.
(b) Aggravated false impersonation is a severity level 9, nonperson felony.
History: L. 1969, ch. 180, § 21-3825; L. 1992, ch. 239, § 167; L. 1993, ch. 291, § 116; July 1.
21-3826. Traffic in contraband in a correctional institution or care and treatment facility.
(a) Traffic in contraband in a correctional institution or care and treatment facility is introducing or attempting to introduce into or upon the grounds of any correctional institution or care and treatment facility or taking, sending, attempting to take or attempting to send from any correctional institution or care and treatment facilityor any unauthorized possession while in any correctional institution or care and treatment facilityor distributing within any correctional institution or care and treatment facility, any item without the consent of the administrator of the correctional institution or care and treatment facility.
(b) Traffic in contraband in a correctional institution or care and treatment facility is a:
(1) Severity level 6, nonperson felony, except as provided in subsection (b)(2) or (b)(3);
(2) severity level 5, nonperson felony if such items are:
(A) Firearms, ammunition, explosives or a controlled substance which is defined in K.S.A. 2009 Supp. 21-36a01, and amendments thereto, except as provided in subsection (b)(3);
(B) defined as contraband by rules and regulations adopted by the secretary of corrections, in a state correctional institution or facility by an employee of a state correctional institution or facility, except as provided in subsection (b)(3);
(C) defined as contraband by rules and regulations adopted by the secretary of social and rehabilitation services, in a care and treatment facility by an employee of a care and treatment facility, except as provided in subsection (b)(3); or
(D) defined as contraband by rules and regulations adopted by the commissioner of the juvenile justice authority, in a juvenile correctional facility by an employee of a juvenile correctional facility, except as provided by subsection (b)(3); and
(3) severity level 4, nonperson felony if such items are firearms, ammunition or explosives, in a correctional institution by an employee of a correctional institution or in a care and treatment facility by an employee of a care and treatment facility.
(c) The provisions of subsection (b)(2)(A) shall not apply to the possession of a firearm or ammunition by a person licensed under the personal and family protection act, K.S.A. 75-7c01 et seq., and amendments thereto, in a parking lot open to the public if the firearm or ammunition is carried on the person while in a vehicle or while securing the firearm or ammunition in the vehicle, or stored out of plain view in a locked but unoccupied vehicle.
(d) For purposes of this section, 'correctional institution' means any state correctional institution or facility, conservation camp, juvenile correctional facility, community correction center or facility for detention or confinement, juvenile detention facility or jail.
(2) "Care and treatment facility" means the state security hospital provided for under K.S.A. 76-1305 et seq., and amendments thereto, and a facility operated by the department of social and rehabilitation services for the purposes provided for under K.S.A. 59-29a02 et seq., and amendments thereto.
History: L. 1969, ch. 180, § 21-3826; L. 1970, ch. 127, § 1; L. 1992, ch. 298, § 58; L. 1993, ch. 291, § 117; L. 1997, ch. 179, § 2; L. 1997, ch. 179, § 3; L. 2009, ch. 88, § 1; L. 2009, ch. 32, § 27, L. 2009, ch. 143, § 10; L. 2010, ch. 147, § 4, July 1.
21-3827. Criminal disclosure of a warrant.
(a) Criminal disclosure of a warrant is making public in any way, except at the request of a law enforcement officer for the purpose of assisting in the execution of such warrant, the fact that a search warrant or warrant for arrest has been applied for or issued or the contents of the affidavit or testimony on which such warrant is based, prior to the execution thereof but the above shall not apply to personnel of a law enforcement agency disclosing a warrant: (1) For the purpose of encouraging the person named in the warrant to voluntarily surrender; or (2) issued in a case involving the abduction of a child unless such disclosure is specifically prohibited by the court issuing such warrant.
(b) Criminal disclosure of a warrant is a class B nonperson misdemeanor.
History: L. 1969, ch. 180, § 21-3827; L. 1978, ch. 120, § 2; L. 1986, ch. 124, § 1; L. 1992, ch. 298, § 59; L. 1993, ch. 291, § 118; July 1.
21-3828. Interference with the conduct of public business in public buildings.
(a) Interference with the conduct of public business in public buildings is:
(1) Conduct at or in any public building owned, operated or controlled by the state or any of its political subdivisions so as to intentionally deny to any public official, public employee, or any invitee on such premises, the lawful rights of such official, employee, or invitee to enter, to use the facilities or to leave any such public building;
(2) intentionally impeding any public official or employee in the lawful performance of duties or activities through the use of restraint, abduction, coercion, or intimidation or by force and violence or threat thereof;
(3) intentionally refusing or failing to leave any such public building upon being requested to do so by the chief administrative officer, or such officer's designee, charged with maintaining order in such public building, if such person is committing, threatens to commit, or incites others to commit, any act which did or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures or functions being carried on in such public building;
(4) intentionally impeding, disrupting or hindering the normal proceedings of any meeting or session conducted by any judicial or legislative body or official at any public building by any act of intrusion into the chamber or other areas designated for the use of the body or official conducting such meeting or session, or by any act designed to intimidate, coerce or hinder any member of such body or any official engaged in the performance of duties at such meeting or session; or
(5) intentionally impeding, disrupting or hindering, by any act of intrusion into the chamber or other areas designed for the use of any executive body or official, the normal proceedings of such body or official.
(b) Interference with the conduct of public business in public buildings is a class A nonperson misdemeanor.
History: L. 1971, ch. 112, § 1; L. 1992, ch. 239, § 170; L. 1993, ch. 291, § 119; July 1.
21-3829. Aggravated interference with the conduct of public business.
Aggravated interference with the conduct of public business is interference with the conduct of public business as defined in K.S.A. 21-3828, when in possession of any firearm or weapon as described in K.S.A. 21-4201 and amendments thereto.
Aggravated interference with the conduct of public business is a severity level 6, person felony.
History: L. 1971, ch. 112, § 2; L. 1992, ch. 298, § 60; L. 1993, ch. 291, § 120; July 1.
21-3830. Dealing in false identification documents.
(a) Dealing in false identification documents is reproducing, manufacturing, selling or offering for sale any identification document which:
(1) Simulates, purports to be or is designed so as to cause others reasonably to believe it to be an identification document; and
(2) bears a fictitious name or other false information.
(b) As used in this section, ‘‘identification document’’ means any card, certificate or document or banking instrument including, but not limited to, credit or debit card, which identifies or purports to identify the bearer of such document, whether or not intended for use as identification, and includes, but is not limited to, documents purporting to be drivers’ licenses, nondrivers’ identification cards, certified copies of birth, death, marriage and divorce certificates, social security cards and employee identification cards.
(c) Dealing in false identification documents is a severity level 8, nonperson felony.
(d) Vital records identity fraud related to birth, death, marriage and divorce certificates is:
(1) Willfully and knowingly supplying false information intending that the information be used to obtain a certified copy of a vital record;
(2) making, counterfeiting, altering, amending or mutilating any certified copy of a vital record:
(A) Without lawful authority; and
(B) with the intent to deceive; or
(3) willfully and knowingly obtaining, possessing, using, selling or furnishing or attempting to obtain, possess or furnish to another for any purpose of deception a certified copy of a vital record.
(e) Vital records identity fraud is a severity level 8, nonperson felony.
(f) The prohibitions in subsections (a) and (b) do not apply to:
(1) A person less than 21 years of age who uses the identification document of another person to acquire an alcoholic beverage, as defined in K.S.A. 8-1599, and amendments thereto;
(2) a person less than 18 years of age who uses the identification documents of another person to acquire:
(A) Cigarettes or tobacco products, as defined in K.S.A. 79-3301, and amendments thereto;
(B) a periodical, videotape or other communication medium that contains or depicts nudity;
(C) admittance to a performance, live or film, that prohibits the attendance of the person based on age; or
(D) an item that is prohibited by law for use or consumption by such person.
(g) This section shall be part of and supplemental to the Kansas criminal code
History: L. 1979, ch. 87, § 1; L. 1983, ch. 32, § 5; L. 1986, ch. 125, § 1; L. 1992, ch. 239, § 172; L. 1993, ch. 291, § 121; L. 2005, ch. 131, § 1 (HB 2087); July 1.
21-3831. Witness or victim intimidation; definitions.
As used in K.S.A. 21-3831 through 21-3836, and amendments thereto:
(a) 'Civil injury or loss' means any injury or loss for which a civil remedy is provided under the laws of this state, any other state or the United States.
(b) 'Malice' means an intent to vex, annoy, harm or injure in any way another person or an intent to thwart or interfere in any manner with the orderly administration of justice.
(c) 'Victim' means any individual:
(1) Against whom any crime under the laws of this state, any other state or the United States is being, has been or is attempted to be committed; or
(2) who suffers a civil injury or loss.
(d) 'Witness' means any individual:
(1) Who has knowledge of the existence or nonexistence of facts relating to any civil or criminal trial, proceeding or inquiry authorized by law;
(2) whose declaration under oath is received or has been received as evidence for any purpose;
(3) who has reported any crime or any civil injury or loss to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(4) who has been served with a subpoena issued under the authority of a municipal court or any court or agency of this state, any other state or the United States; or
(5) who would be believed by any reasonable person to be an individual described in paragraph (1), (2), (3) or (4).
History: L. 1983, ch. 108, § 1; L. 1986, ch. 123, § 2; July 1.
21-3832. Intimidation of a witness or victim.
(a) Intimidation of a witness or victim is knowingly and maliciously preventing or dissuading, or attempting to prevent or dissuade:
(1) Any witness or victim from attending or giving testimony at any civil or criminal trial, proceeding or inquiry authorized by law; or
(2) any witness, victim or person acting on behalf of a victim from:
(A) Making any report of the victimization of a victim to any law enforcement officer, prosecutor, probation officer, parole officer, correctional officer, community correctional services officer or judicial officer;
(B) causing a complaint, indictment or information to be sought and prosecuted, or causing a violation of probation, parole or assignment to a community correctional services program to be reported and prosecuted, and assisting in its prosecution;
(C) causing a civil action to be filed and prosecuted and assisting in its prosecution; or
(D) arresting or causing or seeking the arrest of any person in connection with the victimization of a victim.
(b) Intimidation of a witness or victim is a class B person misdemeanor.
History: L. 1983, ch. 108, § 2; L. 1986, ch. 123, § 3; L. 1992, ch. 239, § 173; L. 1993, ch. 291, § 122; July 1.
21-3833. Aggravated intimidation of a witness or victim.
(a) Aggravated intimidation of a witness or victim is intimidation of a witness or victim, as defined by K.S.A. 21-3832 and amendments thereto, when:
(1) The act is accompanied by an expressed or implied threat of force or violence against a witness, victim or other person or the property of any witness, victim or other person;
(2) the act is in furtherance of a conspiracy;
(3) the act is committed by a person who has been previously convicted of corruptly influencing a witness or has been convicted of a violation of this act or any federal or other state's statute which, if the act prosecuted was committed in this state, would be a violation of this act;
(4) the witness or victim is under 18 years of age; or
(5) the act is committed for pecuniary gain or for any other consideration by a person acting upon the request of another person.
(b) Aggravated intimidation of a witness or victim is a severity level 6, person felony.
History: L. 1983, ch. 108, § 3; L. 1992, ch. 239, § 174; L. 1993, ch. 291, § 123; July 1.
21-3834. Civil remedies, court orders authorized.
(a) In its discretion and upon good cause (which may include but is not limited to the declaration of a party's attorney) to believe that intimidation or dissuasion of any victim or witness has occurred or is reasonably likely to occur, any court having jurisdiction over any civil or criminal matter may issue any reasonable order necessary to remedy or prevent the intimidation or dissuasion, including but not limited to an order that:
(1) Any person before the court, including but not limited to a party, subpoenaed witness or other person entering the courtroom of the court, not violate any provision of this act;
(2) any person described in this section maintain a prescribed geographic distance from any specified witness or victim;
(3) any person described in this section have no communication whatsoever with any specified witness or victim, except through an attorney under such reasonable restrictions as the court imposes;
(4) calls for a hearing to determine if an order described in subsection (1), (2) or (3) should be issued; or
(5) a particular law enforcement agency within the jurisdiction of the court provide protection for a victim or witness.
(b) Actions by a law enforcement agency pursuant to an order issued under subsection (a)(5) shall be considered to be police protection within the exemption from liability under the Kansas tort claims act for damages resulting from the failure to provide, or the method of providing, police protection.
History: L. 1983, ch. 108, § 4; July 1.
21-3835. Same; violation of court orders, penalties.
Violation of an order entered pursuant to K.S.A. 21-3834 may be punished in any of the following ways:
(a) In the manner provided by K.S.A. 21-3832 or 21-3833, when applicable.
(b) As a contempt of the court making the order. No finding of contempt shall be a bar to prosecution for a violation of K.S.A. 21-3832 or 21-3833, but:
(1) Any person held in contempt shall be entitled to have any punishment imposed for contempt to be credited against any sentence imposed upon conviction of a violation of K.S.A. 21-3832 or 21-3833; and
(2) any conviction or acquittal of a violation of K.S.A. 21-3832, 21-3833 or 21-3834 shall be a bar to subsequent punishment for contempt arising out of the same act.
(c) By revocation of any form of pretrial release of a criminal defendant or by the forfeiture of bail and the issuance of a bench warrant for the defendant's arrest or remanding the defendant into custody. After a hearing and upon a showing by clear and convincing evidence, the court, in its sound discretion, may order the revocation whether the violation was committed by the defendant personally or in any way caused or encouraged it to be committed.
History: L. 1983, ch. 108, § 5; July 1.
21-3836. Same; pretrial release, conditions of.
(a) Any pretrial release of any criminal defendant, whether on bail or under another form of recognizance, shall be considered as a matter of law to include a condition that the defendant will not commit, cause to be committed or knowingly permit to be committed, on the defendant's behalf, any violation of this act. Willful violation of that condition is subject to the sanction provided by subsection (c) of K.S.A. 21-3835, and amendments thereto, whether or not the defendant was the subject of an order under K.S.A. 21-3834, and amendments thereto.
(b) Any receipt for any bail or bond given by any court, or by any surety or bondsman and any written promise to appear on one's own recognizance shall contain notice of the provisions of subsection (a) in a conspicuous location.
(c) Any pretrial release of any criminal defendant whether on bail or under another form of recognizance who requests and is entitled to the assistance of counsel under the provisions of K.S.A. 22-4503, and amendments thereto, shall be considered as a matter of law to include a condition that the defendant shall pay the application fee prescribed by K.S.A. 2002 Supp. 22-4529, and amendments thereto, and the failure to pay such fee shall constitute a violation of this act. Willful violation of such condition is subject to the sanction provided by subsection (c) of K.S.A. 21-3835, and amendments thereto, whether or not the defendant was the subject of an order under K.S.A. 21-3834, and amendments thereto.
History: L. 1983, ch. 108, § 6; L. 2003, ch. 123, § 1 (SB 2121); May 1.
21-3837. Same; act part of criminal code.
K.S.A. 21-3831 through 21-3836 shall be part of and supplemental to the Kansas criminal code.
History: L. 1983, ch. 108, § 7; July 1.
21-3838. Unlawful disclosure of authorized interception of wire, oral or electronic communications.
(a) An unlawful disclosure of authorized interception of wire, oral or electronic communications is communicating to any person or making public in any way, other than as provided by law, the existence of an application or order for such interception issued pursuant to K.S.A. 22-2516 and amendments thereto or the resulting investigation, with the intent to obstruct, impede or prevent such authorized interception.
(b) Unlawful disclosure of authorized interception of wire, oral or electronic communications is a severity level 10, nonperson felony.
History: L. 1988, ch. 117, § 5; L. 1992, ch. 239, § 175; L. 1993, ch. 291, § 124; July 1.
21-3839. Harassment by telefacsimile communication.
(a) Harassment by telefacsimile communication is the use of telefacsimile communication to send or transmit such communication to a court in the state of Kansas for a use other than court business.
(b) Harassment by telefacsimile communication is a class A nonperson misdemeanor.
(c) As used in this section, telefacsimile communication means the use of electronic equipment to send or transmit a copy of a document via telephone line.
History: L. 1992, ch. 128, § 2; L. 1993, ch. 291, § 125; July 1.
21-3840. Failure to register an aircraft.
(a) Failure to register an aircraft is knowingly possessing an aircraft that is not registered in accordance with the regulations of the federal aviation administration contained in title 14, chapter 1, parts 47-49 of the code of federal regulations.
(b) Failure to register an aircraft is a severity level 8, nonperson felony.
(c) The provisions of this section do not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
History: L. 1994, ch. 348, § 18; July 1.
21-3841. Fraudulent aircraft registration.
(a) Fraudulent aircraft registration is: (1) Presence, possession or operation of any aircraft in this state that is found to be registered to a nonexistent person, firm, business or corporation or to a firm, business or corporation which is no longer a legal entity is in violation of this section. Any firm, business or corporation that has no physical location or corporate officers or that has lapsed into an inactive state or been dissolved by order of the secretary of state for a period of at least 90 days with no documented attempt to reinstate the firm, business or corporation or to register its aircraft in the name of a real person or legal entity in accordance with federal aviation administration regulations;
(2) knowingly supplying false information by any person to a governmental entity in regard to the name, address, business name or business address of the owner of an aircraft in or operated in the state; and
(3) knowingly supplying false information by any person, firm, business or corporation to any governmental entity in regard to ownership by such person, firm, business or corporation or another firm, business or corporation of an aircraft in or operated in this state if it is determined that such firm, business or corporation:
(A) Is not, or has never been, a legal entity in this state;
(B) is not, or has never been, a legal entity in any other state; or
(C) has lapsed into a state of no longer being a legal entity in this state, and no documented attempt has been made to correct such information with the governmental entity for a period of 90 days after the date on which such lapse took effect with the secretary of state.
(b) Fraudulent aircraft registration is a severity level 8, nonperson felony.
(c) This section does not apply to any aircraft registration or information supplied by a governmental entity in the course and scope of performing its lawful duties.
History: L. 1994, ch. 348, § 19; July 1.
21-3842. Fraudulent acts relating to aircraft identification numbers.
(a) Fraudulent acts relating to aircraft identification numbers is: (1) Knowingly buying, selling, offering for sale, receiving, disposing of, concealing or having in possession or endeavoring to buy, sell, offer for sale, receive, dispose of, conceal, or possess, by any person, firm, business or corporation of any aircraft or part thereof on which the assigned identification numbers do not meet the requirements of the federal aviation regulations. Such aircraft may not be knowingly sold or operated from any airport, landing field or other property or body of water where aircraft may land or take off in this state unless the federal aviation administration has issued the aircraft a replacement identification number which shall thereafter be used for identification purposes; and
(2) knowingly possessing, manufacturing, selling or exchanging, offering for sale or exchange, supplying in blank or giving away any counterfeit manufacturer's aircraft identification number plate or decal used for the purpose of identification of any aircraft or authorizing, directing, aiding in exchange or giving away any such counterfeit manufacturer's aircraft identification number plate or decal.
(b) Fraudulent acts relating to aircraft identification numbers is a severity level 8, nonperson felony.
(c) The failure to have aircraft identification numbers clearly displayed on the aircraft and in compliance with federal aviation regulations is probable cause for any law enforcement officer in this state to make further inspection of the aircraft in question to ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft for identification numbers:
(1) When it is located on public property; or
(2) upon consent of the owner of the private property on which the aircraft is stored.
History: L. 1994, ch. 348, § 20; July 1.
21-3843. Violation of a protective order.
(a) Violation of a protective order is knowingly or intentionally violating:
(1) A protection from abuse order issued pursuant to K.S.A. 60-3105, 60-3106 and 60-3107, and amendments thereto;
(2) a protective order issued by a court or tribunal of any state or Indian tribe that is consistent with the provisions of 18 U.S.C. 2265, and amendments thereto;
(3) a restraining order issued pursuant to sections 38, 39 and 50 [of 2006 HB 2617] and K.S.A. 60-1607, and amendments thereto;
(4) an order issued in this or any other state as a condition of pretrial release, diversion, probation, suspended sentence postrelease supervision or at any other time during the criminal case that orders the person to refrain from having any direct or indirect contact with another person;
(5) an order issued in this or any other state as a condition of release after conviction or as a condition of a supersedeas bond pending disposition of an appeal, that orders the person to refrain from having any direct or indirect contact with another person, or;
(6) a protection from stalking order issued pursuant to section 5 or 6 [of 2002 SB 474], and amendments thereto.
(b) As used in this section, 'order' includes any order issued by a municipal or district court.
(c) No protective order, as set forth in this section, shall be construed to prohibit an attorney, or any person acting on the attorney’s behalf, who is representing the defendant in any civil or criminal proceeding, from contacting the protected party for a legitimate purpose within the scope of the civil or criminal proceeding. The attorney, or person acting on the attorney’s behalf, shall be identified in any such contact.
(d) Violation of a protective order is a class A person misdemeanor.
(e) This section shall be part of and supplemental to the Kansas criminal code.
History: L. 1996, ch. 208, § 2; L. 2002, ch. 141, § 12; L. 2005, ch. 146, § 11; L. 2006, ch. 36, § 1; L. 2006, ch. 200, § 86; L. 2008, ch. 137, § 4; July 1.
21-3844. Kansas medicaid fraud control act; citation.
K.S.A. 1999 Supp. 21-3844 to 21-3855, inclusive, and amendments thereto shall be known and may be cited as the Kansas medicaid fraud control act. The Kansas medicaid fraud control act shall be part of and supplemental to the Kansas criminal code.
History: L. 1996, ch. 267, § 1; July 1.
As used in this act:
(a) 'Attorney general' means the attorney general, employees of the attorney general or authorized representatives of the attorney general.
(b) 'Benefit' means the receipt of money, goods, items, facilities, accommodations or anything of pecuniary value.
(c) 'Claim' means an electronic, electronic impulse, facsimile, magnetic, oral, telephonic or written communication that is utilized to identify any goods, service, item, facility or accommodation as reimbursable to the Kansas medicaid program, or its fiscal agents, or which states income or expense and is or may be used to determine a rate of payment by the Kansas medicaid program, or its fiscal agent.
(d) 'Fiscal agent' means any corporation, firm, individual, organization, partnership, professional association or other legal entity which, through a contractual relationship with the department of social and rehabilitation services and thereby, the state of Kansas, receives, processes and pays claims under the Kansas medicaid program.
(e) 'Family member' means spouse, child, grandchild of any degree, parent, mother-in-law, father-in-law, grandparent of any degree, brother, brother-in-law, sister, sister-in-law, half-brother, half-sister, uncle, aunt, nephew or niece, whether biological, step or adoptive.
(f) 'Medicaid program' means the Kansas program of medical assistance for which federal or state moneys, or any combination thereof, are expended as administered by the department of social and rehabilitation services, or its fiscal agent, or any successor federal or state, or both, health insurance program or waiver granted thereunder.
(g) 'Medically necessary' means for the purposes of this act only, any goods, service, item, facility, or accommodation, that a reasonable and prudent provider under similar circumstances would believe is appropriate for diagnosing or treating a recipient's condition, illness or injury.
(h) 'Person' means any agency, association, corporation, firm, limited liability company, limited liability partnership, natural person, organization, partnership or other legal entity, the agents, employees, independent contractors, and subcontractors, thereof, and the legal successors thereto, and any official, employee or agent of a state or federal agency having regulatory or administrative authority over the medicaid program.
(i) 'Provider' means a person who has applied to participate in, who currently participates in, who has previously participated in, who attempts or has attempted to participate in the medicaid program, by providing or claiming to have provided goods, services, items, facilities or accommodations.
(j) 'Recipient' means an individual, either real or fictitious, in whose behalf any person claimed or received any payment or payments from the medicaid program, or its fiscal agent, whether or not any such individual was eligible for benefits under the medicaid program.
(k) 'Records' mean all written documents and electronic or magnetic data, including, but not limited to, medical records, X-rays, professional, financial or business records relating to the treatment or care of any recipient; goods, services, items, facilities or accommodations provided to any such recipient; rates paid for such goods, services, items, facilities or accommodations; and goods, services, items, facilities, or accommodations provided to nonmedicaid recipients to verify rates or amounts of goods, services, items, facilities or accommodations provided to medicaid recipients, as well as any records that the medicaid program, or its fiscal agents require providers to maintain.
(l) 'Sign' means to affix a signature, directly or indirectly, by means of handwriting, typewriter, stamp, computer impulse or other means.
(m) 'Statement or representation' means an electronic, electronic impulse, facsimile, magnetic, oral, telephonic, or written communication that is utilized to identify any goods, service, item, facility or accommodation as reimbursable to the medicaid program, or its fiscal agent, or that states income or expense and is or may be used to determine a rate of payment by the medicaid program, or its fiscal agent.
History: L. 1996, ch. 267, § 2; July 1.
21-3846. Making a false claim to the medicaid program.
(a) Making a false claim, statement, or representation to the medicaid program is, knowingly and with intent to defraud, engaging in a pattern of making, presenting, submitting, offering or causing to be made, presented, submitted or offered:
(1) Any false or fraudulent claim for payment for any goods, service, item, facility, accommodation for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(2) any false or fraudulent statement or representation for use in determining payments which may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(3) any false or fraudulent report or filing which is or may be used in computing or determining a rate of payment for any goods, service, item, facility or accommodation, for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(4) any false or fraudulent statement or representation made in connection with any report or filing which is or may be used in computing or determining a rate of payment for any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable;
(5) any statement or representation for use by another in obtaining any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program, knowing the statement or representation to be false, in whole or in part, by commission or omission, whether or not the claim is allowed or allowable;
(6) any claim for payment, for any goods, service, item, facility, or accommodation, which is not medically necessary in accordance with professionally recognized parameters or as otherwise required by law, for which payment may be made, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable; or
(7) any wholly or partially false or fraudulent book, record, document, data or instrument, which is required to be kept or which is kept as documentation for any goods, service, item, facility or accommodation or of any cost or expense claimed for reimbursement for any goods, service, item, facility or accommodation for which payment is, has been, or can be sought, in whole or in part, under the medicaid program, whether or not the claim is allowed or allowable.
(8) Any wholly or partially false or fraudulent book, record, document, data or instrument to any properly identified law enforcement officer, any properly identified employee or authorized representative of the attorney general, or to any properly identified employee or agent of the department of social and rehabilitation services, or its fiscal agent, in connection with any audit or investigation involving any claim for payment or rate of payment for any goods, service, item, facility or accommodation payable, in whole or in part, under the medicaid program.
(9) Any false or fraudulent statement or representation made, with the intent to influence any acts or decision of any official, employee or agent of a state or federal agency having regulatory or administrative authority over the Kansas medicaid program.
(b) (1) As defined by subsection (a)(1) through (a)(7), making a false claim, statement or representation to the medicaid program where the aggregate amount of payments illegally claimed is $25,000 or more is a severity level 7, nonperson felony.
(2) As defined by subsection (a)(1) through (a)(7), making a false claim, statement or representation to the medicaid program where the aggregate amount of payments illegally claimed is at least $1000 but less than $25,000 is a severity level 9, nonperson felony.
(3) As defined by subsection (a)(1) through (a)(7), making a false claim, statement or representation to the medicaid program where the aggregate amount of payments illegally claimed is less than $1000 is a class A misdemeanor.
(4) As defined by subsections (a)(8) and (a)(9), making a false claim, statement or representation to the medicaid program is a severity level 9, nonperson felony.
(c) In determining what is medically necessary pursuant to subsection (a)(6) of this section the attorney general may contract with or consult with qualified health care providers and other qualified individuals to identify professionally recognized parameters for the diagnosis or treatment of the recipient's condition, illness or injury.
History: L. 1996, ch. 267, § 3; L. 2006, ch. 194, § 21; May 25.
21-3847. Unlawful acts relating to the medicaid program.
(a) No recipient of medicaid benefits, family member of such recipient or provider of medicaid services shall:
(1) Knowingly and intentionally solicit or receive any remuneration, including but not limited to any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind:
(A) In return for referring or refraining from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) in return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program.
(2) Knowingly and intentionally offer or pay any remuneration, including, but not limited to, any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person:
(A) To refer or refrain from referring an individual to a person for the furnishing or arranging for the furnishing of any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program; or
(B) to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any goods, service, item, facility or accommodation for which payment may be made, in whole or in part, under the medicaid program.
(3) Knowingly divide or share any funds illegally obtained from the medicaid program.
(b) No medicaid recipient shall knowingly and intentionally trade a medicaid number for money or other remuneration, sign for services that are not received by the medicaid recipient or sell or exchange for value goods purchased or provided under the medicaid program.
(c) A violation of this section is a severity level 7, nonperson felony.
(d) This section shall not apply to a refund, discount, copayment, deductible, incentive or other reduction obtained by a provider in the ordinary course of business, and appropriately reflected in the claims or reports submitted to the medicaid program, or its fiscal agent, nor shall it be construed to prohibit deductibles, copayments or any other cost or risk sharing arrangements which are a part of any program operated by or pursuant to contracts with the medicaid program.
History: L. 1996, ch. 267, § 4; L. 2006, ch. 183, § 4; July 1.
21-3848. Failure to maintain adequate records.
(a) Failure to maintain adequate records is negligently failing to maintain such records as are necessary to disclose fully the nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based under the medicaid program. Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall maintain adequate records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
(b) Failure to maintain adequate records is a class A, nonperson misdemeanor.
History: L. 1996, ch. 267, § 5; July 1.
21-3849. Destruction or concealment of records.
(a) Destruction or concealment of records is intentionally destroying or concealing such records as are necessary to disclose fully the nature of the goods, services, items, facilities or accommodations for which a claim was submitted or payment was received under the medicaid program, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based under the medicaid program. Upon submitting a claim for or upon receiving payment for goods, services, items, facilities or accommodations under the medicaid program, a person shall not destroy or conceal any records for five years after the date on which payment was received, if payment was received, or for five years after the date on which the claim was submitted, if the payment was not received.
(b) Destruction or concealment of records is a severity level 9, nonperson felony.
History: L. 1996, ch. 267, § 6; July 1.
Offers of repayment or repayment occurring after the filing of criminal charges of payments, goods, services, items, facilities or accommodations wrongfully obtained shall not constitute a defense to or ground for dismissal of criminal charges brought pursuant to this act.
History: L. 1996, ch. 267, § 7; July 1.
21-3851. Penalties; medicaid fraud reimbursement fund; medicaid fraud prosecution revolving fund.
(a) Any person convicted of a violation of this act, may be liable, in addition to any other criminal penalties provided by law, for all of the following:
(1) Payment of full restitution of the amount of the excess payments;
(2) payment of interest on the amount of any excess payments at the maximum legal rate in effect on the date the payment was made to the person for the period from the date upon which payment was made, to the date upon which repayment is made;
(3) payment of all reasonable expenses that have been necessarily incurred in the enforcement of this act, including, but not limited to, the costs of the investigation, litigation and attorney fees.
(b) All moneys recovered pursuant to subsection (a)(1) and (2), shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount
in the state treasury to the credit of the medicaidfraud reimbursement fund, which is hereby established in the state treasury. Moneys in the medicaid fraud reimbursement fund shall be divided and payments made from such fund to the federal government and affected state agencies for the refund of moneys falsely obtained from the federal and state governments.
(c) All moneys recovered pursuant to subsection (a)(3) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state
treasury to the credit of the medicaid fraud prosecution revolving fund, which is hereby established in the state treasury. Moneys in the medicaid fraud prosecution revolving fund may be appropriated to the attorney general, or to any county or district attorney who has successfully prosecuted an action for a violation of this act and been awarded such costs of prosecution, in order to defray the costs of the attorney general and any such county or district attorney in connection with their duties provided by this act. No moneys shall be paid into the medicaid fraud prosecution revolving fund pursuant to this section unless the attorney general or appropriate county or district attorney has commenced a prosecution pursuant to this section, and the court finds in its discretion that payment of attorney fees and investigative costs is appropriate under all the circumstances, and the attorney general, or county or district attorney has proven to the court that the expenses were reasonable and necessary to the investigation and prosecution of such case, and the court approves such expenses as being reasonable and necessary.
History: L. 1996, ch. 267, § 8; L. 2001, ch. 5, § 80 (SB 15); July 1.
21-3852. Medicaid fraud and abuse division in the office of the attorney general.
(a) There is hereby created within the office of the attorney general a medicaid fraud and abuse division.
(b) The medicaid fraud and abuse division shall be the same entity to which all cases of suspected medicaid fraud shall be referred by the department of social and rehabilitation services, or its fiscal agent, for the purpose of investigation, criminal prosecution or referral to the district or county attorney for criminal prosecution.
(c) In carrying out these responsibilities, the attorney general shall have all the powers necessary to comply with the federal laws and regulations relative to the operation of the medicaid fraud and abuse division, the power to investigate, criminally prosecute violations of this act, the power to cross-designate assistant United States attorneys as assistant attorneys general, the power to issue, serve or cause to be issued or served subpoenas or other process in aid of investigations and prosecutions, the power to administer oaths and take sworn statements under penalty of perjury, the power to serve and execute in any county, search warrants which relate to investigations authorized by this act, and the powers of a district or county attorney.
History: L. 1996, ch. 267, § 9; July 1.
21-3853. Access to records by the attorney general.
(a) The attorney general shall be allowed access to all records which are held by a provider that are directly related to an alleged violation of this act and which are necessary for the purpose of investigating whether any person may have violated this act, or for use or potential use in any legal, administrative or judicial proceeding pursuant to the Kansas medicaid fraud control act.
(b) No person holding such records may refuse to provide the attorney general with access to such records on the basis that release would violate any recipient's right of privacy, any recipient's privilege against disclosure or use, or any professional or other privilege or right. The disclosure of patient information as required by this act shall not subject any provider to liability for breach of any confidential relationship between a patient and a provider. Notwithstanding K.S.A. 60-427 and amendments thereto, there shall be no privilege preventing the furnishing of such information or reports as required by this act by any person.
History: L. 1996, ch. 267, § 10; July 1.
21-3854. Other remedies available as provided by law.
The provisions of this act are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.
History: L. 1996, ch. 267, § 11; July 1.
If any section, subsection, paragraph or provision of this act shall be held to be invalid by any court for any reason, it shall be presumed that this act would have been passed by the legislature without such invalid section, subsection, paragraph or provision, and such finding or construction shall not in any way affect the remainder of this act.
History: L. 1996, ch. 267, § 12; July 1.
21-3856. Obstruction of a medicaid fraud investigation.
(a) Obstruction of a medicaid fraud investigation is knowingly and intentionally engaging in one or more of the following during an investigation of any matter pursuant to K.S.A. 21-3844 et seq., and amendments thereto:
(1) Falsifying, concealing or covering up a material fact by any trick, misstatement, scheme or device; or
(2) making or causing to be made any materially false writing or document knowing that such writing or document contains any false, fictitious or fraudulent statement or entry.
(b) Obstruction of a medicaid fraud investigation is a severity level 9, nonperson felony.
(c) This section shall be part of and supplemental to the Kansas medicaid fraud control act.