Delaware § 1008 Civil assessments

Delaware Statutes

§ 1008 — Civil assessments

Delaware·Title 31·Part In General·Ch. 10 FRAUDULENT ACTS

(a)Any provider who violates this chapter, in addition to any other penalties provided by law, shall be liable for the following civil penalties:

(1)Payment of an amount equal to 3 times the amount of excess payments; and

(2)Payment of a civil penalty of up to the sum of $2,000 for each deceptive claim or falsification; and

(3)All reasonable expenses which the court determines may have been incurred by the State in the enforcement of this section.

(b)No criminal action or indictment need be brought against any provider as a condition for establishing civil liability hereunder.

(c)Any provider, who, without intent to violate this chapter, obtains benefits or payments in excess of the amount to which the provider is entitled, shall be liable for the payment of a civil assessment a

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(a) Any provider who violates this chapter, in addition to any other penalties provided by law, shall be liable for the following civil penalties:

(1) Payment of an amount equal to 3 times the amount of excess payments; and

(2) Payment of a civil penalty of up to the sum of $2,000 for each deceptive claim or falsification; and

(3) All reasonable expenses which the court determines may have been incurred by the State in the enforcement of this section.

(b) No criminal action or indictment need be brought against any provider as a condition for establishing civil liability hereunder.

(c) Any provider, who, without intent to violate this chapter, obtains benefits or payments in excess of the amount to which the provider is entitled, shall be liable for the payment of a civil assessment as provided in subsection (a) of this section which may be sought and recovered in an administrative proceeding by the Department to which the claim was submitted, or by the Attorney General.

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