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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
966354813Be 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, 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 fraudulently
issued benefits, 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. 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.