616D.430 - Civil penalties for person who receives payment or benefit to which person is not entitled. - Nevada Statutes

616D.430  Civil penalties for person who receives payment or benefit to which person is not entitled.

      1.  A person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 is liable in a civil action commenced by the Attorney General for:

      (a) An amount equal to three times the amount unlawfully obtained;

      (b) Not less than $5,000 for each act of deception;

      (c) An amount equal to three times the total amount of the reasonable expenses incurred by the State in enforcing this section; and

      (d) Payment of interest on the amount of the excess payment at the rate fixed pursuant to NRS 99.040 for the period from the date upon which payment was made to the date upon which repayment is made.

      2.  A criminal action need not be brought against a person who receives a payment or benefit to which the person is not entitled by reason of a violation of any of the provisions of NRS 616D.300, 616D.370, 616D.380, 616D.390, 616D.400 or 616D.410 before civil liability attaches under this section.

      3.  A person who unknowingly accepts a payment in excess of the amount to which the person is entitled is liable for the repayment of the excess amount. It is a defense to any action brought pursuant to this subsection that the person returned or attempted to return the amount which was in excess of that to which the person was entitled within a reasonable time after receiving it.

      4.  Any repayment of money collected pursuant to paragraph (a) or (d) of subsection 1 must be paid to the insurer who made the payment to the person who violated the provisions of this section. Any payment made to an insurer may not exceed the amount paid by the insurer to that person.

      5.  Any penalty collected pursuant to paragraph (b) or (c) of subsection 1 must be used to pay the salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420. Any money remaining at the end of any fiscal year does not revert to the State General Fund.

      (Added to NRS by 1993, 683; A 1995, 1875; 1999, 1801)