cdTOCtest

record knowing it contains a false statement or
information, with the purpose to deceive or injure anyone
or to conceal any wrongdoing. N.J.S.A. 2C:21-4a.

A conviction for exhibiting a driver’s license of
another under N.J.S.A. 39:3-39c merges with this
subsection for the same act. State v. Rondinone, 291 N.J.
Super. 489, 499-500 (Law. Div. 1996, aff’d., 300 N.J.
Super. 495 (App. Div. 1997).

B. Issuing a false financial statement

It is a third degree crime to issue a false financial
statement. N.J.S.A. 2C:21-4b. This occurs when a
person, by oath or affirmation, with a purpose to deceive
or injure anyone or conceal any wrongdoing:

1. knowingly makes or utters a written instrument
   which purports to describe the financial condition or
   ability to pay of some person and is inaccurate in some
   substantial respect; or


2. represents in writing that a written instrument
   purports to describe a person’s financial condition or
   ability to pay as of a prior date is accurate with respect to
   such person’s current financial condition or ability to
   pay, when he knows it is substantially inaccurate in that
   respect. Id.

A “person” under this section includes a corporation
or an unincorporated association. N.J.S.A. 2C:1-14g.

VII. DESTRUCTION, FALSIFICATION, OR

ALTERATION OF RECORDS RELATING TO

MEDICAL CARE

This offense was added as part of the Professional
Medical Conduct Reform Act of 1989. L. 1989, c. 300,
§ 15.

It is a fourth degree crime to purposely destroy, alter
or falsify any record relating to the care of a medical,
surgical or podiatric patient in order to deceive or mislead
any person as to information, including, but not limited
to, a diagnosis, test, medication, treatment or medical or
psychological history concerning the patient. N.J.S.A.
2C:21-4.1.

VIII. HEALTH CARE CLAIMS FRAUD

In 1997, the Legislature amended the Code to
specifically address health care claims fraud. L. 1997, c.

353, § 2. These crimes are greater in scope than the

various pre-Code health fraud crime statutes. For these

new crimes, the punishment can be more severe and the

State has to prove a lesser culpability.

A. Definitions

“Health care claims fraud” means making, or causing

to be made, a false, fictitious, fraudulent, or misleading

statement of material fact in, or omitting or causing a

material fact to be omitted from, any record, bill, claim

or other document, in writing, electronically or in any

other form, that a person attempts to submit, submits,

causes or attempts to cause to be submitted for payment

or reimbursement for health care services. N.J.S.A.

2C:21-4.2.

“Practitioner” is defined expansively to mean a

person licensed in this State to practice medicine and

surgery, chiropractic, podiatry, dentistry, optometry,

psychology, pharmacy, nursing, physical therapy, or law;

or any other person licensed, registered or certified by any

State agency to practice a profession or occupation in this

State; or any person similarly licensed, registered or

certified in another jurisdiction. Id.

B. Offenses

It is a second degree crime for a practitioner to

knowingly commit health care claims fraud in the course

of providing professional services. N.J.S.A. 2C:21-4.3a.

It is a third degree crime for a practitioner to

recklessly commit health care claims fraud in the course

of providing professional services. N.J.S.A. 2C:21-4.3b.

For a person who is not a practitioner providing the

services for which the claim is made:

(i) it is a third degree crime to knowingly commit

health care claims fraud; N.J.S.A. 2C:21-4.3c;

(ii) it is a second degree crime to commit five or more

acts of health care claims fraud and the aggregate

pecuniary benefit obtained or sought to be obtained is at

least $1,000;

id.; and

(iii) it is a fourth degree crime to recklessly commit

health care claims fraud. N.J.S.A. 2C:21-4.3d.

A defendant convicted of any of the offenses under

this section may be subject to a fine of up to five times the