32.1-349 - Liability for excess payments.
§ 32.1-349. Liability for excess payments.
Any person who obtains benefits under this program to which he is notentitled shall be liable for any excess benefits received. If the recipientknew or reasonably should have known that he was not entitled to the excessbenefits, he may also be liable for interest on the amount of the excessbenefits at the judgment rate as defined in § 6.1-330.54 from the date uponwhich he knew or reasonably should have known that he had received excessbenefits to the date on which repayment is made to the Commonwealth. Noperson shall be liable for payment of interest, however, when excess benefitswere obtained as a result of errors made solely by the Department of MedicalAssistance Services or any local welfare or social services agency.
Any payment erroneously made on behalf of a recipient or former recipient ofthis program may be recovered by the Department of Medical AssistanceServices from the recipient or the recipient's income, assets or estateunless such property is otherwise exempted by state or federal law orregulation.
Any person who, on behalf of himself or another, obtains or attempts toobtain the benefits of this program 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 anyexcess benefits received, plus interest on the amount of the excess benefitsat the rate of 1.5 percent per month for the period from the date upon whichpayment was made for such benefits to the date on which repayment is made tothe Commonwealth.
All civil penalties collected pursuant to this section shall be depositedwith the Comptroller for the State/Local Hospitalization Program in the samemanner as the state and local shares.
(1989, cc. 657, 746.)