22-45-7. Liability for receipt of payment by person not entitled thereto.

162 words·~1 min read·/sd/title-22/chapter-22-45/22-45-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.