32.1-321.2 - Liability for excess benefits or payments obtained without intent to violate this article; recovery of Medical Assistance erroneously paid. - Virginia Statutes

§ 32.1-321.2. Liability for excess benefits or payments obtained withoutintent to violate this article; recovery of Medical Assistance erroneouslypaid.

Any person who, without intent to violate this article, obtains benefits orpayments under medical assistance to which he is not entitled shall be liablefor any excess benefits or payments received. If the recipient knew orreasonably should have known that he was not entitled to the excess benefits,he may also be liable for interest on the amount of the excess benefits orpayments at the judgment rate as defined in § 6.1-330.54 from the date uponwhich such person knew or reasonably should have known that he had receivedexcess benefits or payments to the date on which repayment is made to theCommonwealth. No person shall be liable for payment of interest, however,when excess benefits or payments were obtained as a result of errors madesolely by the Department of Medical Assistance Services.

Any payment erroneously made on behalf of a recipient or former recipient ofmedical assistance may be recovered by the Department of Medical AssistanceServices from the recipient or the recipient's income, assets or estateunless such property is otherwise exempted by state or federal law orregulation.

(1986, c. 551.)