{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-321.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-321.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-321.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-321.2.html"}],"law_id":73059,"edition_id":1,"section_id":73059,"structure_id":15865,"section_number":"32.1-321.2","catch_line":"Liability for excess benefits or payments obtained without intent to violate this article; recovery of Medical Assistance erroneously paid","history":"1986, c. 551.","full_text":"Any person who, without intent to violate this article, obtains benefits or payments under medical assistance to which he is not entitled shall be liable for any excess benefits or payments received. If the recipient knew or reasonably should have known that he was not entitled to the excess benefits, he may also be liable for interest on the amount of the excess benefits or payments at the judgment rate as defined in \u00a7 6.2-302 from the date upon which such person knew or reasonably should have known that he had received excess benefits or payments to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by the Department of Medical Assistance Services.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of medical assistance may be recovered by the Department of Medical Assistance Services from the recipient or the recipient’s income, assets or estate unless such property is otherwise exempted by state or federal law or regulation.","order_by":null,"text":{"0":{"id":263073,"text":"Any person who, without intent to violate this article, obtains benefits or payments under medical assistance to which he is not entitled shall be liable for any excess benefits or payments received. If the recipient knew or reasonably should have known that he was not entitled to the excess benefits, he may also be liable for interest on the amount of the excess benefits or payments at the judgment rate as defined in \u00a7 6.2-302 from the date upon which such person knew or reasonably should have known that he had received excess benefits or payments to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by the Department of Medical Assistance Services.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of medical assistance may be recovered by the Department of Medical Assistance Services from the recipient or the recipient’s income, assets or estate unless such property is otherwise exempted by state or federal law or regulation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15865,"edition_id":1,"name":"Regulation of Recipient Eligibility","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13437,"metadata":{},"date_created":"2026-06-26 04:00:50","date_modified":"2026-06-26 04:00:50","permalink":{"id":204763,"object_type":"structure","relational_id":15865,"identifier":"2","token":"32.1\/9\/2","url":"\/32.1\/9\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13437,"edition_id":1,"name":"Regulation of Medical Assistance","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":204699,"object_type":"structure","relational_id":13437,"identifier":"9","token":"32.1\/9","url":"\/32.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83593,"structure_id":15865,"section_number":"32.1-321.1","catch_line":"Powers and duties of Department","url":"\/32.1-321.1\/","token":"32.1\/9\/2\/32.1-321.1","metadata":false},{"id":73059,"structure_id":15865,"section_number":"32.1-321.2","catch_line":"Liability for excess benefits or payments obtained without intent to violate this article; recovery of Medical Assistance erroneously paid","url":"\/32.1-321.2\/","token":"32.1\/9\/2\/32.1-321.2","metadata":false},{"id":77053,"structure_id":15865,"section_number":"32.1-321.3","catch_line":"Fraudulently obtaining benefits; liability for fraudulently issued benefits; civil action to recover; penalty","url":"\/32.1-321.3\/","token":"32.1\/9\/2\/32.1-321.3","metadata":false},{"id":80881,"structure_id":15865,"section_number":"32.1-321.4","catch_line":"False statement or representation in applications for eligibility or for use in determining rights to benefits; concealment of facts; criminal penalty","url":"\/32.1-321.4\/","token":"32.1\/9\/2\/32.1-321.4","metadata":false},{"id":61327,"structure_id":15865,"section_number":"32.1-322","catch_line":"Repealed","url":"\/32.1-322\/","token":"32.1\/9\/2\/32.1-322","metadata":false}],"previous_section":{"id":83593,"structure_id":15865,"section_number":"32.1-321.1","catch_line":"Powers and duties of Department","url":"\/32.1-321.1\/","token":"32.1\/9\/2\/32.1-321.1","metadata":false},"next_section":{"id":77053,"structure_id":15865,"section_number":"32.1-321.3","catch_line":"Fraudulently obtaining benefits; liability for fraudulently issued benefits; civil action to recover; penalty","url":"\/32.1-321.3\/","token":"32.1\/9\/2\/32.1-321.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-321.2\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 551 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1986 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":70402,"section_number":"6.2-302","catch_line":"Judgment rate of interest","order_by":null,"url":"\/6.2-302\/"}],"permalink":{"id":204769,"object_type":"law","relational_id":73059,"identifier":"32.1-321.2","token":"32.1\/9\/2\/32.1-321.2","url":"\/32.1-321.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-321.2\/","token":"32.1\/9\/2\/32.1-321.2","dublin_core":{"Title":"Liability for excess benefits or payments obtained without intent to violate this article; recovery of Medical Assistance erroneously paid","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-321.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person<\/span> who, without intent<\/span> to violate this article, obtains benefits or payments under medical assistance to which he is not entitled shall be liable for any excess benefits or payments received. If the recipient knew or reasonably should have known that he was not entitled to the excess benefits, he may also be liable for interest on the amount of the excess benefits or payments at the judgment<\/span> rate as defined in \u00a7 6.2-302<\/a> from the date upon which such person<\/span> knew or reasonably should have known that he had received excess benefits or payments to the date on which repayment is made to the Commonwealth. No person<\/span> shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by the Department<\/span> of Medical Assistance Services.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of medical assistance may be recovered by the Department<\/span> of Medical Assistance Services from the recipient or the recipient’s income, assets<\/span> or estate unless such property is otherwise exempted by state or federal law<\/span> or regulation.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR EXCESS BENEFITS OR PAYMENTS OBTAINED WITHOUT INTENT TO VIOLATE\nTHIS ARTICLE; RECOVERY OF MEDICAL ASSISTANCE ERRONEOUSLY PAID (\u00a7 32.1-321.2)\n\nAny person who, without intent to violate this article, obtains benefits or\npayments under medical assistance to which he is not entitled shall be liable\nfor any excess benefits or payments received. If the recipient knew or\nreasonably should have known that he was not entitled to the excess benefits, he\nmay also be liable for interest on the amount of the excess benefits or payments\nat the judgment rate as defined in \u00a7 6.2-302 from the date upon which such\nperson knew or reasonably should have known that he had received excess benefits\nor payments to the date on which repayment is made to the Commonwealth. No\nperson shall be liable for payment of interest, however, when excess benefits or\npayments were obtained as a result of errors made solely by the Department of\nMedical Assistance Services.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of\nmedical assistance may be recovered by the Department of Medical Assistance\nServices from the recipient or the recipient’s income, assets or estate\nunless such property is otherwise exempted by state or federal law or\nregulation.\n\nHISTORY: 1986, c. 551.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}