Q: Knowingly. Definition.

A: In California, "knowingly" generally means acting with awareness or understanding of the essential facts. In the context of criminal law, it refers to a mental state where the person is aware that their conduct is of a certain nature or that certain circumstances exist.

When it comes to hospice fraud, "knowingly" does not necessarily require proof of malicious intent. Hospice fraud can occur when a provider knowingly submits false claims or documentation to receive payments for hospice services. This could include:

1. Fabricating a non-existent terminal diagnosis

2. Falsifying a patient's life expectancy to meet hospice eligibility criteria

3. Billing for services not provided

4. Enrolling patients who are not terminally ill

In these cases, the provider is aware that they are submitting false information or claims, even if their primary motivation is financial gain rather than causing harm to the patient or the healthcare system.

However, fabricating a non-existent terminal diagnosis does suggest fraudulent intention, as the provider is deliberately creating false information to justify hospice care and receive payment. This action demonstrates a clear intent to deceive and defraud, going beyond mere knowledge of the false nature of the claim.

In summary, while "knowingly" in the context of hospice fraud does not always imply malicious intent, it does require an awareness of the false nature of the claims or documentation. Fabricating a terminal diagnosis, however, is a strong indication of fraudulent intention.

A: Knowingly is generally a less strict standard than intentionally. You are raising the issue of fraud. Fraud requires intent. Good luck