South Dakota § 22-45-7 Liability for receipt of payment by person not entitled thereto.

South Dakota Statutes

§ 22-45-7 — Liability for receipt of payment by person not entitled thereto.

South Dakota § 22-45-7

Title 22CRIMES

Ch. 22-45UNLAWFULLY OBTAINING BENEFITS OR PAYMENTS FROM MEDICAL ASSISTANCE PROGRAM

This text of South Dakota § 22-45-7 (Liability for receipt of payment by person not entitled thereto.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-45-7 (2026).

Text

Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§ 22-45-2 to 22-45-6 , inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of:

(1)Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under § 54-3-16 , category B, from the date upon which payment was made to the date upon which repayment is made to the program; and (2) Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and (3) Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted

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Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§ 22-45-2 to 22-45-6 , inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of: (1) Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under § 54-3-16 , category B, from the date upon which payment was made to the date upon which repayment is made to the program; and (2) Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and (3) Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted for providing a good or a service. A criminal action need not be brought against the person for liability to attach under this section.