22 §15. Civil liability of persons making false claims
Title 22: HEALTH AND WELFARE
Subtitle 1: DEPARTMENTAL ORGANIZATION AND OPERATION
Chapter 1: DEPARTMENT OF HEALTH AND HUMAN SERVICES HEADING: PL 2003, C. 689, PT. B, §6 (REV)
Subchapter 1: ORGANIZATION; GENERAL POWERS AND DUTIES
§15. Civil liability of persons making false claims
Any person, firm, association, partnership, corporation or other legal entity who makes or causes to be made or presents or causes to be presented for payment or approval any claim upon or against the department or upon any funds administered by the department, knowing such claim to be false, fictitious or fraudulent or who, for the purpose of obtaining or aiding another to obtain the payment or approval of such a claim, makes any false written statement or submits any false document that the person does not believe to be true, or who enters into any agreement, combination or conspiracy to defraud the department by obtaining the payment or approval of any false, fictitious or fraudulent claim, shall, in addition to any criminal liability that may be provided by law, be subject to civil suit by this State in the Superior Court for recovery of civil penalties to include the following: [1995, c. 191, §1 (AMD).]
1. Restitution. Restitution for all excess benefits or payments made;
[ 1981, c. 242, §2 (NEW) .]
2. Payment of interest. Payment of interest on the amount of the excess benefits or payments as set forth in subsection 1 at the maximum legal rate in effect on the date the payment was made and computed for the date payment was made to the date on which repayment is made;
[ 1981, c. 242, §2 (NEW) .]
3. Payment of civil penalties. Payment of civil penalties, without regard to the amount in controversy, in an amount which is threefold the amount of such excess benefits or payments as set forth in subsection 1, but in any case not less than $2,000 for each false claim for assistance, benefits or payments, or for each document submitted in support of such false claim, whichever is the greater amount;
[ 1995, c. 191, §2 (AMD) .]
4. Cost of the suit. Cost of the suit;
[ 1995, c. 191, §3 (AMD) .]
5. Costs of investigation. Costs of investigation; and
[ 1995, c. 191, §4 (NEW) .]
6. Attorney's fees. Attorney's fees.
[ 1995, c. 191, §4 (NEW) .]
SECTION HISTORY
1981, c. 242, §2 (NEW). 1995, c. 191, §§1-4 (AMD).