§ 56-227B — PROVIDER FRAUD — DAMAGES

Any provider who knowingly with intent to defraud by means of false statement or representation, obtains compensation from public funds greater than that to which he is legally entitled for services or supplies furnished or purportedly furnished shall be liable for civil damages equal to three (3) times the amount by which any figure is falsely overstated. The director of the department of health and welfare or the attorney general shall have the right to cause legal action to be taken for the recovery of such damages when persuaded that a reimbursement claim for payment is falsely overstated. The burden of proof for such recovery action shall be that which is used in other civil actions for the recovery of damages. The remedy provided by this section shall be in addition to any other remedy provided by law.
If any provider of services or supplies is required to refund or repay all or part of any payment received by said provider under the provisions of this section, said refund or repayment shall bear interest from the date payment was made to such provider to the date of said refund or repayment. Interest shall accrue at the rate of ten percent (10%) per annum. The prevailing party in an action, under this section shall be awarded costs and reasonable attorney’s fees incurred in bringing or defending the action. Notwithstanding any other provision of the Idaho Code, all costs and attorney’s fees awarded to the department of health and welfare or the attorney general pursuant to this section shall be deposited into the state general fund.

Legislative History

[56-227B, added 1977, ch. 226, sec. 3, p. 675; am. 2007, ch. 341, sec. 6, p. 1008.]