§ 24-31-1202 — Definitions

Colorado § 24-31-1202

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Law

Text

As used in this part 12, unless the context
otherwise requires:

(1) (a) Claim means a request or demand, whether under a contract or
otherwise, for money or property and whether or not the state or a political
subdivision has title to the money or property, that is:

(I) Presented to an officer, employee, or agent of the state or political
subdivision; or

(II) Made to a contractor, grantee, or other recipient, if the money or property
is to be spent or used on the state's or political subdivision's behalf or to advance a
government program or interest, and if the state or political subdivision:

(A) Provides or has provided any portion of the money or property requested
or demanded; or

(B) Will reimburse such contractor, grantee, or other recipient for any portion
of the money or property that is requested or demanded.

(b) Claim includes the failure to pay or the underpayment of an obligation
owed to the state.

(c) Claim does not include a request or demand for money or property that
the state or a political subdivision has paid:

(I) To an individual as compensation for employment by the state or political
subdivision;

(II) As an income subsidy with no restrictions on that individual's use of the
money or property;

(III) To an individual as part of a government assistance program in an
amount less than ten thousand dollars in a calendar year; or

(IV) To a person under the Colorado Medical Assistance Act, articles 4, 5,
and 6 of title 25.5.

(2) Department means the department of law.

(3) Fund means the false claims recovery cash fund created in section 24-31-1209.

(4) (a) Knowing or knowingly mean that a person, with respect to
information about a claim:

(I) Has actual knowledge of the falsity of the information;

(II) Acts in deliberate ignorance of the truth or falsity of the information; or

(III) Acts in reckless disregard of the truth or falsity of the information.

(b) Knowing or knowingly does not require proof of specific intent to
defraud. A person who acts merely negligently with respect to information is not
deemed to have acted knowingly, unless the person acts with reckless disregard of
the truth or falsity of the information.

(5) Material means having a natural tendency to influence, or be capable of
influencing, the payment or receipt of money or property.

(6) Obligation means an established duty, whether or not fixed, arising
from an express or implied contractual, grantor-grantee, or licensor-licensee
relationship; from a fee-based or similar relationship; from statute or regulation; or
from the retention of any overpayment.

(7) Person means any individual, corporation, business trust, estate, trust,
limited liability company, partnership, association, or other nongovernmental legal
entity.

(8) Political subdivision has the same meaning as set forth in section 24-72-202.

(9) Proceeds means all money, property, damages, double damages, treble
damages, civil penalties, and payments for costs of compliance, including
reasonable costs and attorney fees, realized by the state whether as a result of any
settlement of or judgment entered in any action brought pursuant to this part 12.

Legislative History

Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2778, � 2, effective August 10.