Statute of Limitations for Medicaid or Medicare Fraud

Topic:
WELFARE FRAUD; MEDICAID; HEALTH INSURANCE; STATUTE OF LIMITATIONS;
Location:
WELFARE - MEDICAL ASSISTANCE (MEDICAID);

May 5, 1998 98-R-0542

FROM: Laura Jordan, Research Attorney

RE: Statute of Limitations for Medicaid or Medicare Fraud

You asked for the civil and criminal statute of limitations for Medicaid and Medicare fraud.

FEDERAL STATUTE OF LIMITATIONS

For Medicaid and Medicare fraud, federal law establishes (1) a civil statute of limitations of six years (42 U.S.C. § 1320a-7a(c)(1)), and (2) a criminal statute of limitations of five years (18 U.S.C. § 3282).

STATE STATUTE OF LIMITATIONS

For Medicaid and Medicare fraud, state law establishes a civil statute of limitations of three years (CGS § 52-577). If a civil defendant is aware that a cause of action (i.e., a “law suit”) can be filed against him, the three years does not begin to toll until the other party is aware that the cause of action exists (CGS § 52-595). State law establishes a criminal statute of limitations of one year, unless the law allows a court to imprison the defendant for more than one year for the violation, in which case the limitation is five years (CGS § 54-193).

LJ:pa