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COM. v. LURIE

524 Pa. 56 (1990)

569 A.2d 329

COMMONWEALTH of Pennsylvania, Appellant, v. Norman LURIE, Appellee.

Supreme Court of Pennsylvania.

Decided January 24, 1990.

Attorney(s) appearing for the Case

Ernest D. Preate, Atty. Gen., Ronald T. Williamson, Deputy Atty. Gen. and Michael W.H. Duncan, Sr. Deputy Atty. Gen., for appellant.

John W. Morris, Robert B. Hoffman, and Elizabeth B. Metz, Harrisburg, for appellee.

Thomas J. McGarrigle, Philadelphia, for amicus curiae, Pennsylvania Medical Soc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

In this appeal by the Commonwealth, the issue we must decide is whether the Medicaid Fraud Abuse and Control Act, 62 Pa.S. § 1407(a)(4), § 1407(a)(7) and § 1407(a)(9), requires proof of knowing or intentional conduct to establish criminal culpability.

Norman Lurie, a licensed dentist and the appellee herein, was arrested and charged with 22 counts of Medicaid Fraud. The charges arose out of his...

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