2006 Utah Code - 26-20-9.5 — Civil penalties.

     26-20-9.5.   Civil penalties.
     (1) Any person who violates this chapter shall, in addition to other penalties provided by law, be subject to the following civil penalties:
     (a) in all cases, shall be required to make full and complete restitution to the state of all medical benefits improperly obtained;
     (b) in all cases, shall be required to pay the state its costs of enforcement of this chapter in that case, including but not limited to the cost of investigators, attorneys, and other public employees, as determined by the Bureau of Medicaid Fraud;
     (c) may be required, in the discretion of the court, to pay to the state a civil penalty not to exceed three times the amount of value improperly claimed or received as a medical benefit; or
     (d) may be required, in the discretion of the court, to pay to the state a civil penalty of up to $2,000 for each claim filed or act done in violation of this chapter.
     (2) Any civil penalties assessed under Subsection (1) shall be awarded by the court as part of its judgment in both criminal and civil actions.
     (3) A criminal action need not be brought against a person in order for that person to be civilly liable under this section.

Amended by Chapter 92, 1987 General Session

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