56-227B. PROVIDER FRAUD — DAMAGES. Any provider who knowingly with intent to defraud by means of false statement or representation, obtains compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished shall be liable for civil damages equal to three (3) times the amount by which any figure is falsely overstated. The director of the department of health and welfare or the attorney general shall have the right to cause legal action to be taken for the recovery of such damages when persuaded that a reimbursement claim for payment is falsely overstated. The burden of proof for such recovery action shall be that which is used in other civil actions for the recovery of damages. The remedy provided by this section shall be in addition to any other remedy provided by law.
If any provider of services or supplies is required to refund or repay all or part of any payment received by said provider under the provisions of this section, said refund or repayment shall bear interest from the date payment was made to such provider to the date of said refund or repayment. Interest shall accrue at the rate of ten percent (10%) per annum. The prevailing party in an action, under this section shall be awarded costs and reasonable attorney’s fees incurred in bringing or defending the action. Notwithstanding any other provision of the Idaho Code, all costs and attorney’s fees awarded to the department of health and welfare or the attorney general pursuant to this section shall be deposited into the state general fund.
History:
[56-227B, added 1977, ch. 226, sec. 3, p. 675; am. 2007, ch. 341, sec. 6, p. 1008.]
Structure Idaho Code
Title 56 - PUBLIC ASSISTANCE AND WELFARE
Chapter 2 - PUBLIC ASSISTANCE LAW
Section 56-202 - DUTIES OF DIRECTOR OF STATE DEPARTMENT OF HEALTH AND WELFARE.
Section 56-203 - POWERS OF STATE DEPARTMENT.
Section 56-203A - AUTHORITY OF DEPARTMENT TO ENFORCE CHILD SUPPORT — SUPPORT ENFORCEMENT SERVICES.
Section 56-203C - POWERS OF DEPARTMENT.
Section 56-203D - SET-OFF PROCEDURE FOR CHILD SUPPORT DEBT.
Section 56-203E - LOTTERY PRIZE SET-OFF PROCEDURE FOR SUPPORT DEBT.
Section 56-203F - REGISTRATION OF FOREIGN SUPPORT ORDERS.
Section 56-204A - SERVICES FOR CHILDREN.
Section 56-204B - TEMPORARY SHELTER CARE.
Section 56-205 - ISSUANCE OF SNAP BENEFITS.
Section 56-206 - GENERAL ASSISTANCE.
Section 56-207 - OLD-AGE ASSISTANCE.
Section 56-208 - AID TO THE BLIND.
Section 56-209 - ASSISTANCE TO FAMILIES WITH CHILDREN.
Section 56-209a - AID TO THE DISABLED.
Section 56-209b - MEDICAL ASSISTANCE — MEDICAL ASSISTANCE ACCOUNT.
Section 56-209c - DENIAL OF PAYMENT FOR ABORTIONS UNDER CERTAIN CONDITIONS.
Section 56-209e - ELIGIBILITY OF MARRIED COUPLES FOR MEDICAL ASSISTANCE UNDER THE MEDICAID PROGRAM.
Section 56-209f - STATE FINANCIAL ASSISTANCE PROGRAM FOR MEDICALLY INDIGENT RESIDENTS.
Section 56-209g - PHARMACY REIMBURSEMENT.
Section 56-209h - ADMINISTRATIVE REMEDIES.
Section 56-209i - LEGISLATIVE FINDINGS.
Section 56-209j - SUBSTANCE ABUSE SCREENING AND TESTING PROGRAMS.
Section 56-209l - TREATMENT PROVISIONS.
Section 56-209n - MEDICAID FOR WORKERS WITH DISABILITIES.
Section 56-209o - FAILURE TO RETAIN RECORDS.
Section 56-209p - PAYMENT FOR MIDWIFE SERVICES.
Section 56-210 - AMOUNT OF ASSISTANCE.
Section 56-211 - APPLICATION FOR PUBLIC ASSISTANCE — VERIFICATION FOR FEDERAL FOOD STAMP PROGRAM.
Section 56-212 - INVESTIGATION OF APPLICATION.
Section 56-213 - EXAMINATION TO DETERMINE BLINDNESS.
Section 56-214 - AWARD OF PUBLIC ASSISTANCE — INELIGIBILITY UPON TRANSFER OF PROPERTY.
Section 56-214A - AWARD OF PUBLIC ASSISTANCE — RECIPIENT’S RIGHT OF FREE CHOICE.
Section 56-215 - REDETERMINATION OF AWARDS.
Section 56-216 - APPEAL AND FAIR HEARING.
Section 56-217 - COOPERATIVE AGREEMENTS.
Section 56-218 - RECOVERY OF CERTAIN MEDICAL ASSISTANCE.
Section 56-218A - MEDICAL ASSISTANCE LIENS DURING LIFE OF RECIPIENT.
Section 56-219 - PAYMENT FOR INCOMPETENT RECIPIENT — APPOINTMENT OF GUARDIAN FOR PUBLIC ASSISTANCE.
Section 56-220 - PAYMENT ON DEATH OF RECIPIENT — APPOINTMENT OF ADMINISTRATOR OF PUBLIC ASSISTANCE.
Section 56-221 - CONFIDENTIAL CHARACTER OF PUBLIC ASSISTANCE RECORDS.
Section 56-222 - MISUSE OF PUBLIC ASSISTANCE LISTS AND RECORDS.
Section 56-223 - PUBLIC ASSISTANCE NOT ASSIGNABLE.
Section 56-225 - REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE OF REAL PROPERTY — RULEMAKING.
Section 56-226 - MEDICAID FRAUD CONTROL UNIT.
Section 56-227 - FRAUDULENT ACTS — PENALTY.
Section 56-227A - PROVIDER FRAUD — CRIMINAL PENALTY.
Section 56-227B - PROVIDER FRAUD — DAMAGES.
Section 56-227C - SUBPOENA POWER.
Section 56-227E - OBSTRUCTION OF INVESTIGATION.
Section 56-227F - PUBLIC ASSISTANCE BENEFIT CARDS — PROHIBITED USES.
Section 56-228 - LIMITATIONS OF ACT.
Section 56-229 - SEPARABILITY.
Section 56-233 - PROCEDURE FOR DISBURSEMENT OF FUNDS TO RECIPIENTS.
Section 56-234 - LEGISLATIVE INTENT.
Section 56-234A - DEFINITIONS.
Section 56-235 - SOUTHWEST IDAHO TREATMENT CENTER.
Section 56-235A - PROHIBITIONS, RESTRICTIONS AND LIMITATIONS ON ADMISSION.
Section 56-235B - DISCHARGE PLANNING — AUTHORIZATION TO DISCHARGE.
Section 56-235C - NOTICE OF DISCHARGE — REQUEST FOR HEARING.
Section 56-235E - RULEMAKING AUTHORITY.
Section 56-251 - LEGISLATIVE INTENT.
Section 56-253 - POWERS AND DUTIES OF THE DIRECTOR.
Section 56-254 - ELIGIBILITY FOR MEDICAL ASSISTANCE.
Section 56-255 - MEDICAL ASSISTANCE PROGRAM — SERVICES TO BE PROVIDED.
Section 56-256 - PREVENTIVE HEALTH ASSISTANCE.
Section 56-261 - LEGISLATIVE FINDINGS AND INTENT.
Section 56-263 - MEDICAID MANAGED CARE PLAN.
Section 56-264 - RULEMAKING AUTHORITY.
Section 56-265 - PROVIDER PAYMENT.
Section 56-266 - AUTHORIZATION TO OBTAIN FEDERAL APPROVAL.
Section 56-267 - MEDICAID ELIGIBILITY EXPANSION.
Section 56-268 - SUPPLEMENTAL MEDICAID REIMBURSEMENT FOR GROUND EMERGENCY MEDICAL TRANSPORTATION.