Code of Virginia
Chapter 9 - Regulation of Medical Assistance
§ 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) knowingly and willfully making or causing to be made any false statement or false representation of material fact; (ii) knowingly and willfully concealing or causing to be concealed a material fact; or (iii) engaging in any other fraudulent scheme or device shall be liable for repayment of the cost of all benefits issued as a result of such fraud, plus interest on the amount of the benefits issued at the rate of 1.5 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.
Such matters may be referred for criminal action to the attorney for the Commonwealth having jurisdiction over the case. 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 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.
1986, c. 551; 1996, cc. 941, 991; 2010, c. 305.

Structure Code of Virginia

Code of Virginia

Title 32.1 - Health

Chapter 9 - Regulation of Medical Assistance

§ 32.1-310. Declaration of purpose; authority to audit records; authority to review complaints of abuse or neglect

§ 32.1-311. Repealed

§ 32.1-312. Fraudulently obtaining excess or attempting to obtain excess benefits or payments; penalty

§ 32.1-313. Liability for excess benefits or payments obtained without intent to violate chapter

§ 32.1-314. False statement or representation in applications for payment or for use in determining rights to payment; concealment of facts; penalty

§ 32.1-315. Solicitation or receipt of remuneration for certain services; offer or payment of remuneration for inducement of such services; penalty

§ 32.1-316. False statement or representation as to conditions or operations of institution or facility; penalty

§ 32.1-317. Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty

§ 32.1-318. Knowing failure to deposit, transfer or maintain patient trust funds in separate account; penalty

§ 32.1-319. Written verification of application, statement or form; penalty for false or misleading information

§ 32.1-319.1. Department to establish pilot program to use data analytics to mitigate risk of improper payments

§ 32.1-320. Duties of Attorney General; medical services providers audit and investigation unit

§ 32.1-321. Prosecution of cases

§ 32.1-321.01. Exemptions from disclosure

§ 32.1-321.1. Powers and duties of Department

§ 32.1-321.2. Liability for excess benefits or payments obtained without intent to violate this article; recovery of Medical Assistance erroneously paid

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

§ 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

§ 32.1-322. Repealed