Massachusetts General Laws

Mass. Gen. Laws ch. 118E, § 40 (2026)

False statements or representations by providers; penalty

✓ current as of July 2026

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Section 40. Any person who furnishes items or services for which payment may be made under this chapter, who: (1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in any application for any benefit or payment under this chapter; or (2) knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to such benefit or payment; or (3) having knowledge of the occurrence of any event affecting his or her initial or continued right to any such benefit or payment, or the benefit of any other individual in whose behalf he or she has applied for or is receiving such benefit or payment, conceals or fails to disclose such an event with an intent fraudulently to secure such benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized; or (4) having made application to receive any such benefit or payment for the use and benefit of another and having received it, knowingly and willfully converts such benefits or payment other than for the use and benefit of such person, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one-half years, or by both such fine and imprisonment.

Any person who does not furnish items of services for which payment may be made under this chapter, who violates any of the provisions of clauses (1) to (4), inclusive, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars or by both such fine and imprisonment.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1998–2025 · leading case: Kobrin v. Bd. of Reg. in Med., 832 N.E.2d 628 (Mass. 2005).

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Kobrin v. Bd. of Reg. in Med., 832 N.E.2d 628 (Mass. 2005). · cites it 4× “Kobrin (petitioner) of two counts of violating G. L. c. 118E, § 40 (2) (Medicaid fraud).”

Commonwealth v. Kobrin, 893 N.E.2d 384 (Mass. App. Ct. 2008). · cites it 9× “In 1998, a grand jury returned sixteen indictments against Kobrin in eighty-two counts on charges stemming from practices in his Fall River office; the charges were in the nature of Medicaid fraud under G. L. c. 118E, §§40 and 41, and the illegal prescribing of controlled…”

Afreedi v. Bennett, 517 F. Supp. 2d 521 (D. Mass. 2007). · cites it 7× “Bennett sought arrest warrants for Afreedi and Joyce for violation, inter alia, of M.G.L. c. 118E, § 40 (i.e., for knowingly and willfully making or causing to be made false statements of a material fact in application for Medicaid benefits), and applied for a search warrant for…”

Commonwealth v. Pike, 718 N.E.2d 855 (Mass. 1999). · cites it 4× “94C, §§ 19, 32A, and 32B, and additional charges of filing false Medicaid claims, G. L. c. 118E, § 40. The defendant argues that the Commonwealth failed to present sufficient evidence to convict him of any of the charges.”

Massachusetts v. Mylan Labs., 357 F. Supp. 2d 314 (D. Mass. 2005). · cites it 2× “With respect to the allegations of inflated WACs, Massachusetts asserts causes of action for fraud (Count I), unjust enrichment (Count II), violations of'the Massachusetts Medicaid False Claims Act, Mass. Gen. L. Ann. ch. 118E, §§ 40 and 41 (Count III), and violation of the…”

COMMONWEALTH v. HELLEN KIAGO (& nine companion cases )., 101 Mass. App. Ct. 717 (Mass. App. Ct. 2022). · cites it 14× “This court concluded that a provision of the Medicaid false claims statute, G. L. c. 118E, § 40 (3), which criminalizes, inter alia, the failure of healthcare providers to disclose the receipt of overpayments from the Medicaid program, did not violate the defendant's privilege…”

Commonwealth v. Brown, 925 N.E.2d 845 (Mass. 2010). · cites it 2× “94C, §§ 32A (a) (class B substance) and 32B (a) (class C substance); submitting false medical claims in violation of G. L. c. 118E, § 40 (2); larceny of an amount in excess of $250 in violation of G.”

Preventive Med. Assocs., Inc. v. Commonwealth, 992 N.E.2d 257 (Mass. 2013). · cites it 2× “(PMA), and Punyamurtula Kishore, with Medicaid fraud in violation of G. L. c. 118E, §§40 and 41. 2 Thereafter, on two different occasions, the Commonwealth applied for and obtained search warrants to obtain and search designated e-mail accounts of Kishore and of PMA’s former…”

Massachusetts v. Mylan Labs., 608 F. Supp. 2d 127 (D. Mass. 2008). “(2) knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to [a Medicaid] benefit or payment [is liable].”

Commonwealth v. S. Bay Mental Health Ctr., Inc., 334 F. Supp. 3d 394 (D.D.C. 2018). “; the Massachusetts Medicaid False Claims Act, Mass. Gen. Laws ch. 118E, §§ 40, 44 ; Recovery of Overpayment regulations, 130 Mass.”

Commonwealth v. Life Care Centers of Am., Inc., 926 N.E.2d 206 (Mass. 2010). “501, § 9; and making a false Medicaid claim, see G. L. c. 118E, § 40. The defendant filed a motion to dismiss all counts of the indictment.”

Commonwealth v. Mimless, 760 N.E.2d 762 (Mass. App. Ct. 2002). “266, § 30, and 219 counts of Medicaid fraud in violation of G. L. c. 118E, § 40. The fraud counts were of two types: (1) billing and receiving payment for services which could not have been performed because he was on vacation; and (2) billing and receiving payment for services…”

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— Mass. Gen. Laws ch. 118E, § 40(2) — 1 case

Commonwealth v. Brown, 904 N.E.2d 452 (Mass. App. Ct. 2009).

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