78427432.1-312Virginia Decodedhttps://vacode.org2016HealthRegulation Of Medical AssistanceIn GeneralFraudulently obtaining excess or attempting to obtain excess benefits or payments; penalty1981, c. 255; 1984, c. 781; 2007, c. 569; 2010, c. 305.http://law.lis.virginia.gov/vacode/32.1-312/32.1-325Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers/32.1-325//32.1-312/32.1/9/1/32.1-31232.1-313 Knowingly and willfully making or causing to be made any false statement or false representation of material fact;sectionA1A12 Knowingly and willfully concealing or causing to be concealed any material facts; orsectionA2A22 Knowingly and willfully engaging in any fraudulent scheme or device, including, but not limited to, submitting a claim for services, drugs, supplies or equipment that were unfurnished or were of a lower quality, or a substitution or misrepresentation of items billed.sectionA3A32Any person, agency or institution knowingly and willfully violating any of the provisions of subsection A shall be (i) liable for repayment of any excess benefits or payments received, plus interest on the amount of the excess benefits or payments at the rate of 1.5 percent each month for the period from the date upon which payment was made to the date upon which repayment is made to the Commonwealth and (ii) in addition to any other penalties provided by law, subject to civil penalties. The state Attorney General may petition the circuit court in the jurisdiction of the alleged offense, to seek an order assessing civil penalties in an amount not to exceed three times the amount of such excess benefits or payments. Such civil penalties shall not apply to any acts or omissions occurring prior to the effective date of this law.sectionBB1A criminal action need not be brought against a person for that person to be civilly liable under this section.sectionCC1Civil penalties shall be deposited in the general fund of the state treasury upon their receipt.sectionDD1A civil action under this section shall be brought (i) within six years of the date on which the violation was committed, or (ii) within three years of the date when an official of the Commonwealth charged with the responsibility to act in the circumstances discovered or reasonably should have discovered the facts material to the cause of action. However, in no event shall the limitations period extend more than 10 years from the date on which the violation was committed.sectionEE1