§ 31-49r — Disqualification from program. Repayment of benefits. Wilful misrepresentation. Financial penalties. Health care providers. Medical certifications.

(a) Any individual participating in the program who wilfully makes a false statement or misrepresentation regarding a material fact, or wilfully fails to report a material fact, to obtain family and medical leave compensation shall be disqualified from receiving any compensation under the program for two years after making such false statement or misrepresentation or failing to report such material fact. (b) If family and medical leave compensation is paid to a covered employee erroneously or as a result of wilful misrepresentation by such employee, or if a claim for family and medical leave compensation is rejected after compensation is paid, the authority may seek repayment of benefits from the employee having received such compensation. In the case of wilful misrepresentation, the authority may seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments if the recovery would be against equity and good conscience. (c) If family and medical leave compensation is paid as a result of wilful misrepresentation by any health care provider, the authority shall notify the Labor Commissioner and may seek payment of a penalty from such health care provider in the amount of three hundred per cent of the benefits paid as a result of such misrepresentation. The authority may waive, in whole or in part, the amount of any such payments where the recovery would be against equity and good conscience. (d) Any person, including an employer, who intentionally aids, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for benefits or the receipt or attempted receipt of benefits by another person in violation of subsection (b) of this section shall be liable for the same financial penalty as the person making or attempting to make the claim or receiving or attempting to receive the benefits. (e) A health care provider shall complete a timely medical certification of a patient's serious medical condition at the request of the patient. No health care provider shall charge a patient a fee for such service. (f) Any person who has received a greater amount of benefits than was due to such person under sections 31-49e to 31-49t , inclusive, shall be charged by the authority with an overpayment of a sum equal to the amount overpaid to such person and shall pay such sum to the authority in accordance with a repayment schedule as determined by the authority. Any person who fails to make payments in accordance with such schedule shall be subject to interest at a rate of one per cent of the amount owed per month. If a person fails to repay according to the schedule established, the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount owed plus interest pursuant to section 12-742 . (g) Any person who has been assessed a penalty by the authority under sections 31-49e to 31-49t , inclusive, shall pay such penalty to the authority in accordance with a payment schedule as determined by the authority. Any person who fails to make payments in accordance with such payment schedule shall be subject to interest at a rate of one per cent of the amount owed per month. If a person fails to repay according to the schedule, the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount owed plus interest pursuant to section 12-742 .

Legislative History

(P.A. 19-25, S. 14; P.A. 24-5, S. 4.) History: P.A. 19-25 effective June 25, 2019; P.A. 24-5 made technical changes in Subsec. (b) and added Subsecs. (f) and (g) re repayment of overpayments and payment of penalties.