CODE OF VIRGINIA

LIABILITY FOR EXCESS BENEFITS OR PAYMENTS OBTAINED WITHOUT INTENT TO VIOLATE
CHAPTER (§ 32.1-313)

A. Any person, agency or institution, but not including an individual medical
assistance recipient of health care, that, without intent to violate this
chapter, whether under contract or otherwise, obtains benefits or payments where
the Commonwealth directly or indirectly provides any portion of the benefits or
payments under medical assistance to which such person, agency or institution is
not entitled, or in a greater amount than that to which entitled, shall be
liable for (i) any excess benefits or payments received, and (ii) interest on
the amount of the excess benefits or payments at the judgment rate as defined in
§ 6.2-302 from the date upon which such person, agency, or institution knew or
reasonably should have known that it had received excess benefits or payments to
the date upon which repayment is made to the Commonwealth. No person, agency or
institution shall be liable for payment of interest, however, when excess
benefits or payments were obtained as a result of errors made solely by the
Department of Medical Assistance Services. Whenever a penalty or interest is due
under this section or § 32.1-312, such penalty or interest shall not be
reimbursable by the Commonwealth as an allowable cost under any of the
provisions of this chapter.

B. A 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.

HISTORY: 1981, c. 255; 1986, c. 551; 2007, c. 569.