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1996 SESSION

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CHAPTER 941 An Act to amend and reenact § 32.1-321.3 of the Code of Virginia, relating to actions to recover fraudulently obtained Medicaid benefits. [S 445] Approved April 17, 1996

Be it enacted by the General Assembly of Virginia:

1. That § 32.1-321.3 of the Code of Virginia is amended and reenacted as follows:

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

Any person who, on behalf of himself or another, issues, obtains or attempts to obtain medical assistance benefits by means of (i) willful false statement, (ii) willful misrepresentation or concealment of a material fact, or (iii) any other fraudulent scheme or device shall be liable for repayment of any excess benefits received the cost of all benefits issued as a result of such fraud, plus interest on the amount of the excess benefits issued at the rate of one and one-half percent per month for the period from the date upon which payment was made for such benefits to the date on which repayment is made to the Commonwealth.

In the event that Such matters may be referred for criminal action to the attorney for the Commonwealth having jurisdiction over the case declines to bring criminal action,. The Attorney General may, independent of any referral to or decision of the attorney for the Commonwealth, petition the circuit court in the jurisdiction of the alleged offense to seek an order assessing civil penalties in the amount of the benefits received issued, in addition to repayment and interest and any other penalties provided by law.

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