32.1-313 - Liability for excess benefits or payments obtained without intent to violate chapter. - Virginia Statutes

§ 32.1-313. Liability for excess benefits or payments obtained without intentto violate chapter.

A. Any person, agency or institution, but not including an individual medicalassistance recipient of health care, that, without intent to violate thischapter, whether under contract or otherwise, obtains benefits or paymentswhere the Commonwealth directly or indirectly provides any portion of thebenefits or payments under medical assistance to which such person, agency orinstitution is not entitled, or in a greater amount than that to whichentitled, shall be liable for (i) any excess benefits or payments received,and (ii) interest on the amount of the excess benefits or payments at thejudgment rate as defined in § 6.1-330.54 from the date upon which suchperson, agency, or institution knew or reasonably should have known that ithad received excess benefits or payments to the date upon which repayment ismade to the Commonwealth. No person, agency or institution shall be liablefor payment of interest, however, when excess benefits or payments wereobtained as a result of errors made solely by the Department of MedicalAssistance Services. Whenever a penalty or interest is due under this sectionor § 32.1-312, such penalty or interest shall not be reimbursable by theCommonwealth as an allowable cost under any of the provisions of this chapter.

B. A civil action under this section shall be brought (i) within six years ofthe date on which the violation was committed, or (ii) within three years ofthe date when an official of the Commonwealth charged with the responsibilityto act in the circumstances discovered or reasonably should have discoveredthe facts material to the cause of action. However, in no event shall thelimitations period extend more than 10 years from the date on which theviolation was committed.

(1981, c. 255; 1986, c. 551; 2007, c. 569.)