§ 26-1-127 — Fraudulent acts

Colorado § 26-1-127

• Jurisdiction: Colorado
• Title 26: Human
• Art.: Department of Human Services

Text

(1) Any person who obtains or any person who
willfully aids or abets another to obtain public assistance or vendor payments or
medical assistance as defined in this title 26 or child care assistance as described
in part 1 of article 4 of title 26.5 to which the person is not entitled or in an amount
greater than that to which the person is justly entitled or payment of any forfeited
installment grants or benefits to which the person is not entitled or in a greater
amount than that to which the person is entitled, by means of a willfully false
statement or representation, or by impersonation, or by any other fraudulent device,
commits the crime of theft, which crime is classified in accordance with section 18-4-401 (2) and which crime is punished as provided in section 18-1.3-401 if the crime
is classified as a felony, or section 18-1.3-501 if the crime is classified as a
misdemeanor. To the extent not otherwise prohibited by state or federal law, any
person violating the provisions of this subsection (1) is disqualified from
participation in the program pursuant to article 2 of this title 26 or part 1 of article 4
of title 26.5 in which a recipient is found to have committed an intentional program
violation for one year for a first offense, two years for a second offense, and
permanently for a third or subsequent offense. Such disqualification is mandatory
and is in addition to any other penalty imposed by law.

(1.5) To the extent not otherwise prohibited by state or federal law, any
person against whom a county department of human or social services, the state
department, or the department of early childhood obtains a civil judgment in a state
or federal court of record in this state based on allegations that the person
obtained or willfully aided and abetted another to obtain public assistance or
vendor payments or medical assistance as defined in this title 26 or child care
assistance as described in part 1 of article 4 of title 26.5 to which the person is not
entitled or in an amount greater than that to which the person is justly entitled or
payment of any forfeited installment grants or benefits to which the person is not
entitled or in a greater amount than that to which the person is entitled, by means
of a willfully false statement or representation, or by impersonation, or by any other
fraudulent device, is disqualified from participation in the program pursuant to
article 2 of this title 26 or part 1 of article 4 of title 26.5 in which a recipient is found
to have committed an intentional program violation for one year for a first incident,
two years for a second incident, and permanently for a third or subsequent incident.
Such disqualification is mandatory and is in addition to any other remedy available
to a judgment creditor.

(2) (a) If, at any time during the continuance of public assistance pursuant to
this title 26 or child care assistance pursuant to part 1 of article 4 of title 26.5, the
recipient acquires any property or receives any increase in income or property, or
both, in excess of that declared at the time of determination or redetermination of
eligibility or if there is any other change in circumstances affecting the recipient's
eligibility, it shall be the duty of the recipient to notify the county department within
thirty days in writing or take steps to secure county assistance to prepare such
notification in writing of the acquisition of such property, receipt of such income, or
change in such circumstances; and any recipient of such public assistance who
knowingly fails to do so commits a petty offense and shall be punished as provided
in section 18-1.3-503. If such property or income is received infrequently or
irregularly and does not exceed a total value of ninety dollars in any calendar
quarter, such property or income is excluded from the thirty-day written reporting
requirement but must be reported at the time of the next redetermination of
eligibility of a recipient.

(b) The county departments shall use an application form which contains
appropriate and conspicuous notice of the penalties for fraud and shall deliver to
each recipient, with the first check and each redetermination thereafter, a notice
explaining what changes in circumstances require written notification to the county
department under paragraph (a) of this subsection (2). The county department shall
make available suitable forms which may be used for the purposes of this
notification.

(3) Any recipient or vendor who falsifies any report required pursuant to this
title 26 or part 1 of article 4 of title 26.5 commits a petty offense and is punished as
provided in section 18-1.3-503.

(4) Subject to available appropriations, additional costs incurred by the
district attorneys in enforcing this section shall be billed to the county departments
in the judicial district in such proportion for each county as specified in section 20-1-302, C.R.S., and the county departments shall pay such costs as an expense of
public assistance administration.

(5) Notwithstanding the provisions of this section, the state department,
county departments, or district attorney may elect, in the alternative, to prosecute
under the general criminal statutes.

(6) Repealed.

Legislative History

Source: L. 77: Entire section added, p. 1333, � 3, effective January 1, 1978. L. 79: (6) repealed, p. 1093, � 2, effective June 21. L. 81: (1) amended, p. 1371, � 1, effective June 5. L. 89: (1) amended, p. 846, � 118, effective July 1. L. 94: (1) amended and (1.5) added, p. 2062, � 4, effective July 1. L. 97: (1) and (1.5) amended, p. 1229, � 13, effective July 1. L. 2002: (1), (2)(a), and (3) amended, p. 1538, � 272, effective October 1. L. 2020: (1) and (1.5) amended, (SB 20-206), ch. 222, p. 1095, � 1, effective July 2. L. 2021: (2)(a) and (3) amended, (SB 21-271), ch. 462, p. 3242, � 485, effective March 1, 2022. L. 2022: (1), (1.5), (2)(a), and (3) amended, (HB 22-1295), ch. 123, p. 855, � 90, effective July 1. L. 2024: (1.5) amended, (HB 24-1222), ch. 155, p. 691, � 17, effective August 7.