32.1-314 - False statement or representation in applications for payment or for use in determining rights to payment; concealment of facts; penalty.

§ 32.1-314. False statement or representation in applications for payment orfor use in determining rights to payment; concealment of facts; penalty.

A. Any person who engages in the following activities shall be guilty of afelony punishable by a term of imprisonment of not less than one nor morethan 20 years, or in the discretion of the jury or the court trying the casewithout a jury, confinement in jail for not more than 12 months and, inaddition to such imprisonment or confinement, may be fined an amount not toexceed $25,000:

1. Knowingly and willfully making or causing to be made any false statementor representation of a material fact in any application for any payment undermedical assistance;

2. At any time knowingly and willfully making or causing to be made any falsestatement or representation of a material fact for use in determining rightsto such payment, or knowingly and willfully falsifying, concealing orcovering up by any trick, scheme or device a material fact, causing amaterial fact to be falsified, concealed, or covered up in such a manner inconnection with such application or payment; or

3. When having knowledge of the occurrence of any event affecting (i) theinitial or continued right to any payment or (ii) the initial or continuedright to any such payment of any other individual in whose behalf he hasapplied for or is receiving such payments, willfully concealing or failing todisclose such event, causing such concealment or failure to disclose such anevent with an intent fraudulently to secure such payment either in a greateramount or quantity than is due or when no such payment is authorized.

B. The Director of the Department of Medical Assistance Services mayterminate or deny a contract to a provider for any violation of this sectionpursuant to § 32.1-325.

(1981, c. 255; 1986, c. 551; 1995, c. 491; 2010, c. 305.)