{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-349.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-349.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-349.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-349.html"}],"law_id":58809,"edition_id":1,"section_id":58809,"structure_id":13750,"section_number":"32.1-349","catch_line":"Liability for excess payments","history":"1989, cc. 657, 746.","full_text":"Any person who obtains benefits under this program to which he is not entitled shall be liable for any excess benefits 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 at the judgment rate as defined in \u00a7 6.2-302 from the date upon which he knew or reasonably should have known that he had received excess benefits to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits were obtained as a result of errors made solely by the Department of Medical Assistance Services or any local welfare or social services agency.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of this program 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.\n\t\tAny person who, on behalf of himself or another, obtains or attempts to obtain the benefits of this program by means of (i) willful false statement, (ii) willful misrepresentation or concealment of a material fact, or (iii) any other fraudulent scheme or device shall be liable for repayment of any excess benefits received, plus interest on the amount of the excess benefits at the rate of 1.5 percent per month for the period from the date upon which payment was made for such benefits to the date on which repayment is made to the Commonwealth.\n\t\tAll civil penalties collected pursuant to this section shall be deposited with the Comptroller for the State\/Local Hospitalization Program in the same manner as the state and local shares.","order_by":null,"text":{"0":{"id":215476,"text":"Any person who obtains benefits under this program to which he is not entitled shall be liable for any excess benefits 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 at the judgment rate as defined in \u00a7 6.2-302 from the date upon which he knew or reasonably should have known that he had received excess benefits to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits were obtained as a result of errors made solely by the Department of Medical Assistance Services or any local welfare or social services agency.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of this program 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.\n\t\tAny person who, on behalf of himself or another, obtains or attempts to obtain the benefits of this program by means of (i) willful false statement, (ii) willful misrepresentation or concealment of a material fact, or (iii) any other fraudulent scheme or device shall be liable for repayment of any excess benefits received, plus interest on the amount of the excess benefits at the rate of 1.5 percent per month for the period from the date upon which payment was made for such benefits to the date on which repayment is made to the Commonwealth.\n\t\tAll civil penalties collected pursuant to this section shall be deposited with the Comptroller for the State\/Local Hospitalization Program in the same manner as the state and local shares.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13750,"edition_id":1,"name":"State\/Local Hospitalization Program","identifier":"12","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:46","date_modified":"2026-06-26 03:45:46","permalink":{"id":201573,"object_type":"structure","relational_id":13750,"identifier":"12","token":"32.1\/12","url":"\/32.1\/12\/","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":84264,"structure_id":13750,"section_number":"32.1-343","catch_line":"Definitions","url":"\/32.1-343\/","token":"32.1\/12\/32.1-343","metadata":false},{"id":83242,"structure_id":13750,"section_number":"32.1-344","catch_line":"State\/Local Hospitalization Program","url":"\/32.1-344\/","token":"32.1\/12\/32.1-344","metadata":false},{"id":58295,"structure_id":13750,"section_number":"32.1-345","catch_line":"Counties and cities required to participate; allocation and payment of funds to and payments by counties and cities","url":"\/32.1-345\/","token":"32.1\/12\/32.1-345","metadata":false},{"id":74862,"structure_id":13750,"section_number":"32.1-346","catch_line":"Director to establish standards; reimbursement of services","url":"\/32.1-346\/","token":"32.1\/12\/32.1-346","metadata":false},{"id":70261,"structure_id":13750,"section_number":"32.1-347","catch_line":"Eligibility for Program; duty of the Department of Social Services and local welfare or social services agencies; data required","url":"\/32.1-347\/","token":"32.1\/12\/32.1-347","metadata":false},{"id":54752,"structure_id":13750,"section_number":"32.1-348","catch_line":"Applicability of chapter","url":"\/32.1-348\/","token":"32.1\/12\/32.1-348","metadata":false},{"id":58809,"structure_id":13750,"section_number":"32.1-349","catch_line":"Liability for excess payments","url":"\/32.1-349\/","token":"32.1\/12\/32.1-349","metadata":false},{"id":58686,"structure_id":13750,"section_number":"32.1-350","catch_line":"Fraudulently obtaining benefits; criminal penalty","url":"\/32.1-350\/","token":"32.1\/12\/32.1-350","metadata":false}],"previous_section":{"id":54752,"structure_id":13750,"section_number":"32.1-348","catch_line":"Applicability of chapter","url":"\/32.1-348\/","token":"32.1\/12\/32.1-348","metadata":false},"next_section":{"id":58686,"structure_id":13750,"section_number":"32.1-350","catch_line":"Fraudulently obtaining benefits; criminal penalty","url":"\/32.1-350\/","token":"32.1\/12\/32.1-350","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-349\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapters 657 and 746 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 1989 \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":201599,"object_type":"law","relational_id":58809,"identifier":"32.1-349","token":"32.1\/12\/32.1-349","url":"\/32.1-349\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-349\/","token":"32.1\/12\/32.1-349","dublin_core":{"Title":"Liability for excess payments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-349","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person<\/span> who obtains benefits under this program to which he is not entitled shall be liable for any excess benefits 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 at the judgment<\/span> rate as defined in \u00a7 6.2-302<\/a> from the date upon which he knew or reasonably should have known that he had received excess benefits 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 were obtained as a result of errors made solely by the Department<\/span> of Medical Assistance Services or any local welfare or social services agency.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of this program 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.\n\t\tAny person<\/span> who, on behalf of himself or another, obtains or attempts to obtain the benefits of this program by means of (i) willful false statement, (ii) willful misrepresentation or concealment of a material<\/span> fact<\/span>, or (iii) any other fraudulent scheme or device shall be liable for repayment of any excess benefits received, plus interest on the amount of the excess benefits at the rate of 1.5 percent per month for the period from the date upon which payment was made for such benefits to the date on which repayment is made to the Commonwealth.\n\t\tAll civil penalties collected pursuant to this section shall be deposited with the Comptroller for the State\/Local Hospitalization Program in the same manner as the state and local shares.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY FOR EXCESS PAYMENTS (\u00a7 32.1-349)\n\nAny person who obtains benefits under this program to which he is not entitled\nshall be liable for any excess benefits 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 at the\njudgment rate as defined in \u00a7 6.2-302 from the date upon which he knew or\nreasonably should have known that he had received excess benefits to the date on\nwhich repayment is made to the Commonwealth. No person shall be liable for\npayment of interest, however, when excess benefits were obtained as a result of\nerrors made solely by the Department of Medical Assistance Services or any local\nwelfare or social services agency.\n\t\tAny payment erroneously made on behalf of a recipient or former recipient of\nthis program may be recovered by the Department of Medical Assistance Services\nfrom the recipient or the recipient’s income, assets or estate unless such\nproperty is otherwise exempted by state or federal law or regulation.\n\t\tAny person who, on behalf of himself or another, obtains or attempts to obtain\nthe benefits of this program by means of (i) willful false statement, (ii)\nwillful misrepresentation or concealment of a material fact, or (iii) any other\nfraudulent scheme or device shall be liable for repayment of any excess benefits\nreceived, plus interest on the amount of the excess benefits at the rate of 1.5\npercent per month for the period from the date upon which payment was made for\nsuch benefits to the date on which repayment is made to the Commonwealth.\n\t\tAll civil penalties collected pursuant to this section shall be deposited with\nthe Comptroller for the State\/Local Hospitalization Program in the same manner\nas the state and local shares.\n\nHISTORY: 1989, cc. 657, 746.","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}}