205.967. Public assistance benefits, defined--obtaining benefits unlawfully, penalty--actions to recover.

MISSOURI STATUTES AND CODES

205.967. Public assistance benefits, defined--obtaining benefits unlawfully, penalty--actions to recover.

Public assistance benefits, defined--obtaining benefitsunlawfully, penalty--actions to recover.

205.967. 1. As used in this section:

(1) "Public assistance benefits, programs and services"means anything of value, including money, food, food stamps,commodities, clothing, utilities, utilities payments, shelter,drugs and medicine, materials, goods, and any service, includinginstitutional care, medical care, dental care, child care,psychiatric and psychological service, rehabilitationinstruction, training, or counseling provided pursuant tochapters 198, 207, 208, 209, and 660, RSMo, or benefits,programs, and services provided or administered by the departmentof social services;

(2) The term "person" means any individual or corporationwho received any form of public assistance benefit in any mannerfor any reason.

2. Any person or corporation who obtains or attempts toobtain, or aids or abets any other person to obtain, by means ofa willfully false statement or representation, or by willfulconcealment or failure to report any fact or event required to bereported by any law, regulation, or rule of this state or theUnited States, or by impersonation, collusion, or otherfraudulent device, any public assistance benefits, programs, andservices, shall be guilty of the crime of stealing as defined bysection 570.030, RSMo, and shall be punished as provided insection 570.030, RSMo.

3. If at any time during the continuance of assistance toany person or corporation, the recipient thereof becomespossessed of any money, property, or income, from any source inany way or reason, it shall be the duty of the recipient tonotify the person to whom that recipient's case is assigned,within ten days of the receipt of the money, income, or property,and that person may, after investigation, if required, cancel ormodify the assistance payment in accordance with thecircumstances.

4. In an action or proceeding for the recovery of publicassistance benefits, programs, and services or criminalprosecution for illegal receipt thereof, paid to or received byan alleged ineligible recipient, person, or corporation, proofthat the recipient, person, or corporation possesses or didpossess property or income that does or would have rendered thatperson or corporation ineligible to receive such assistance shallbe deemed prima facie evidence that such assistance wasunlawfully received.

5. If during the life or on the death of any person, orduring the life or at the dissolution of a corporation, it isfound that the recipient was possessed of income or property inexcess of the amount reported or ascertained at the time ofgranting assistance, and if it be shown that such assistance wasobtained by an ineligible recipient, the total amount of theassistance may be recoverable by the director of the departmentof social services as a seventh class claim from the estate ofthe recipient or in an action brought against the recipient whileliving.