South Dakota Codified Laws
Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program
Section 22-45-7 - Liability for receipt of payment by person not entitled thereto.

22-45-7. Liability for receipt of payment by person not entitled thereto.
Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§22-45-2 to 22-45-6, inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of:
(1)Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under §54-3-16, category B, from the date upon which payment was made to the date upon which repayment is made to the program; and
(2)Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and
(3)Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted for providing a good or a service.
A criminal action need not be brought against the person for liability to attach under this section.

Source: SL 1986, ch 187, §7.

Structure South Dakota Codified Laws