§ 32.1-312. Fraudulently obtaining excess or attempting to obtain excess benefits or payments; penalt...
A. No person, agency or institution, but not including an individual medical assistance recipient of health care, on behalf of himself or others, whether under a contract or otherwise, shall obtain or attempt to obtain benefits or payments where the Commonwealth directly or indirectly provides any portion of the benefits or payments pursuant to the Plan for Medical Assistance and any amendments thereto as provided for in § 32.1-325, hereafter referred to as "medical assistance" in a greater amount than that to which entitled by means of:
1. A willful false statement;
2. By willful misrepresentation, or by willful concealment of any material facts; or
3. By other fraudulent scheme or device, including, but not limited to, billing for services, drugs, supplies or equipment that were unfurnished or were of a lower quality, or a substitution or misrepresentation of items billed.
B. Any person, agency or institution knowingly violating any of the provisions of subsection A of this section shall be liable for repayment of any excess benefits or payments received, plus interest on the amount of the excess benefits or payments at the rate of 1 1/2 percent each month for the period from the date upon which payment was made to the date upon which repayment is made to the Commonwealth. Such person, agency or institution, in addition to any other penalties provided by law, shall be subject to civil penalties. The state Attorney General may petition the circuit court in the jurisdiction of the alleged offense, to seek an order assessing civil penalties in an amount not to exceed three times the amount of such excess benefits or payments. Such civil penalties shall not apply to any acts or omissions occurring prior to the effective date of this law.
C. A criminal action need not be brought against a person for that person to be civilly liable under this section.
D. Civil penalties shall be deposited in the general fund of the state treasury upon their receipt.
E. A civil action under this section shall be brought (i) within six years of the date on which the violation was committed, or (ii) within three years of the date when an official of the Commonwealth charged with the responsibility to act in the circumstances discovered or reasonably should have discovered the facts material to the cause of action. However, in no event shall the limitations period extend more than 10 years from the date on which the violation was committed.
(1981, c. 255; 1984, c. 781; 2007, c. 569.)
Sections: Previous 32.1-310 32.1-311 32.1-312 32.1-313 32.1-314 32.1-315 32.1-316 32.1-317 32.1-318 32.1-319 32.1-320 32.1-321 32.1-321.1 32.1-321.2 32.1-321.3 NextLast modified: April 16, 2009