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2007 SESSION

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SB 1183 False medical claim; increases civil penalty for attempt to defraud State.

Introduced by: Martin E. Williams | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED SENATE: (all summaries)

Civil actions brought by private persons benefiting Commonwealth; medical payments by Commonwealth; false claims; statute of limitations. Removes motion for judgment language and replaces it with complaint language in actions under Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01. The bill also increases the minimum (to $5,500) and maximum (to $11,000) amount of a civil penalty for making a false claim to or attempting to defraud the Commonwealth. The bill also states that a violator of § 8.01-216.3 shall be liable for reasonable attorney fees and costs associated with maintaining a civil action under § 8.01-216.3. Such fees and costs are to be paid to the Attorney General's Office. The bill also includes civil actions brought by the Attorney General based on a false claim made to the Commonwealth (§ 8.01-216.4) under § 8.01-216.9, the statute promulgating the procedure for maintaining such action and the statute of limitations that would apply to such action. The bill also provides that civil fraud actions brought by the Commonwealth to recover medical payments or benefits provided directly or indirectly by the Commonwealth must be brought within six years of the date on which the violation was committed, or within three years after the fraud was discovered or reasonably should have been discovered. An action cannot be brought more than 10 years after the fraud occurred regardless of when it was discovered.


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