ARS 13-3733: Failure to maintain adequate records

What the State Must Prove Under § 13-3733

A. A person commits failure to maintain adequate records if the Arizona health care cost containment system determines that a sufficient basis exists that the person has engaged in fraud related to the Arizona health care cost containment system, the Arizona health care cost containment system refers the investigation to a criminal justice agency and, when submitting a claim for or receiving payment for behavioral health services pursuant to title 36, chapter 29, article 1 or title 36, chapter 34, the person does either of the following:

1. Knowingly fails to maintain records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based in accordance with section 12-2297.
2. Knowingly fails to report the destruction of records that are necessary to disclose the nature of the behavioral health services for which a claim was submitted or payment was received or records that are necessary to fully disclose all income and expenditures on which rates of payment were based.

The State must prove every element of the paragraph it actually charged, beyond a reasonable doubt. Which paragraph appears on the complaint decides what the case is about, and it is the first thing to check.

Penalties for a § 13-3733 Conviction

Felony ranges are set by A.R.S. § 13-702(D) and apply to a first felony conviction that is not dangerous and not repetitive. A dangerous offense (§ 13-704), a repetitive offense (§ 13-703) or a dangerous crime against children (§ 13-705) carries a longer range, and some carry mandatory prison with no probation. Misdemeanor maximums come from §§ 13-707 and 13-802; surcharges are added on top of every fine.

Full Text of A.R.S. § 13-3733

Source: Arizona Revised Statutes § 13-3733, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

Related Statutes in Chapter 37 — Miscellaneous Offenses

• A.R.S. § 13-3732 — Unlawful video recording of law enforcement activity
• A.R.S. § 13-3729 — Unlawful operation of model or unmanned aircraft
• A.R.S. § 13-3728 — Unlawful purchase, solicitation, advertisement, possession or sale of used detached catalytic converter
• A.R.S. § 13-3727 — Unlawful residency
• A.R.S. § 13-3726 — Unauthorized use of the name, portrait or picture of a deceased soldier
• A.R.S. § 13-3725 — Interference with monitoring devices
• A.R.S. § 13-3724 — Obtaining utility service fraudulently
• A.R.S. § 13-3723 — Unlawful operation of a recording device with the intent to record a motion picture

How Tamou Law Group Defends § 13-3733 Cases

A § 13-3733 case is decided by the paragraph the State charged, not by the statute as a whole. We start with the charging document and the disclosure, identify which subsection the prosecutor has to prove, and test whether the evidence actually reaches every element of it. Where the class turns on a fact such as value, an alleged injury, a prior conviction or the identity of the person involved, that fact is frequently the difference between a class 1 through 2 misdemeanor and something far less serious, and it is where these cases are won.

We handle failure to maintain adequate records cases across Maricopa County and statewide, from our Scottsdale and Phoenix offices. Call 623-321-4699 any time, or read the statute in full above before you speak to anyone about the case.