32.1-321.3 - Fraudulently obtaining benefits; liability for fraudulently issued benefits; civil action to recover; penalty. - Virginia Statutes

§ 32.1-321.3. Fraudulently obtaining benefits; liability for fraudulentlyissued benefits; civil action to recover; penalty.

Any person who, on behalf of himself or another, issues, obtains or attemptsto obtain medical assistance benefits by means of (i) knowingly and willfullymaking or causing to be made any false statement or false representation ofmaterial fact; (ii) knowingly and willfully concealing or causing to beconcealed a material fact; or (iii) engaging in any other fraudulent schemeor device shall be liable for repayment of the cost of all benefits issued asa result of such fraud, plus interest on the amount of the benefits issued atthe rate of 1.5 percent per month for the period from the date upon whichpayment was made for such benefits to the date on which repayment is made tothe Commonwealth.

Such matters may be referred for criminal action to the attorney for theCommonwealth having jurisdiction over the case. The Attorney General may,independent of any referral to or decision of the attorney for theCommonwealth, petition the circuit court in the jurisdiction of the allegedoffense to seek an order assessing civil penalties in the amount of thebenefits issued, in addition to repayment and interest and any otherpenalties provided by law.

All civil penalties shall be deposited in the general fund of the statetreasury upon receipt.

(1986, c. 551; 1996, cc. 941, 991; 2010, c. 305.)