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VIRGINIA STATUTES AND CODES

32.1-321.4 - False statement or representation in applications for eligibility or for use in determining rights to benefits; concealment of facts; criminal penalty.

§ 32.1-321.4. False statement or representation in applications foreligibility or for use in determining rights to benefits; concealment offacts; criminal penalty.

A. Any person who engages in the following activities, on behalf of himselfor another, shall be guilty of larceny and, in addition to the penaltiesprovided in §§ 18.2-95 and 18.2-96 as applicable, may be fined an amount notto exceed $10,000:

1. Knowingly and willfully making or causing to be made any false statementor misrepresentation of a material fact in an application for eligibility,benefits or payments under medical assistance;

2. Knowingly and willfully falsifying, concealing or covering up by anytrick, scheme, or device a material fact or causing a material fact to befalsified, concealed, or covered up in such a manner, in connection with anapplication for eligibility, benefits or payments;

3. Knowingly and willfully concealing or failing to disclose any eventaffecting the initial or continued right of any individual to any benefits orpayment or causing such concealment or failure to disclose such an event withan intent to secure fraudulently such benefits or payment in a greater amountor quantity than is authorized or when no such benefit or payment isauthorized;

4. Knowingly and willfully converting or causing to be converted any benefitsor payment received pursuant to an application for another person and receiptof benefits or payment on behalf of such other person to use other than forthe health and welfare of the other person; or

5. Knowingly and willfully failing to notify or causing another to fail tonotify the local department of social services, through whom medicalassistance benefits were obtained, of changes in the circumstances of anyrecipient or applicant which could result in the reduction or termination ofmedical assistance services.

B. It shall be the duty of the Director of Medical Assistance Services or hisdesignee to enforce the provisions of this section. A warrant or summons maybe issued for violations of which the Director or his designee has knowledge.Trial for violation of this section shall be held in the county or city inwhich the application for medical assistance was made or obtained.

(1986, c. 551; 2002, c. 747; 2010, c. 305.)

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