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2020 Utah Code
Title 26 - Utah Health Code
Chapter 20 - Utah False Claims Act
Section 9.5 - Civil penalties.
Universal Citation: UT Code § 26-20-9.5 (2020)
26-20-9.5. Civil penalties.
Amended by Chapter 297, 2011 General Session
- (1) The culpable mental state required for a civil violation of this chapter is "knowing" or "knowingly" which:
- (a) means that person, with respect to information:
- (i) has actual knowledge of the information;
- (ii) acts in deliberate ignorance of the truth or falsity of the information; or
- (iii) acts in reckless disregard of the truth or falsity of the information; and
- (b) does not require a specific intent to defraud.
- (a) means that person, with respect to information:
- (2) Any person who violates this chapter shall, in all cases, in addition to other penalties provided by law, be required to:
- (a) make full and complete restitution to the state of all damages that the state sustains because of the person's violation of this chapter;
- (b) pay to the state its costs of enforcement of this chapter in that case, including the cost of investigators, attorneys, and other public employees, as determined by the state; and
- (c) pay to the state a civil penalty equal to:
- (i) three times the amount of damages that the state sustains because of the person's violation of this chapter; and
- (ii) not less than $5,000 or more than $10,000 for each claim filed or act done in violation of this chapter.
- (3) Any civil penalties assessed under Subsection (2) shall be awarded by the court as part of its judgment in both criminal and civil actions.
- (4) 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 297, 2011 General Session
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