26-20-10. Revocation of license of assisted living facility — Appointment of receiver. (1) If the license of an assisted living facility is revoked for violation of this chapter, the county attorney may file a petition with the district court for the county in which the facility is located for the appointment of a receiver. (2) […]
26-20-11. Presumption based on paid state warrant — Value of medical benefits — Repayment of benefits. (1) In any civil or criminal action brought under this chapter, a paid state warrant, made payable to the order of a party, creates a presumption that the party received funds from the state. (2) In any civil or […]
26-20-12. Violation of other laws. (1) The provisions of this chapter are: (a) not exclusive, and the remedies provided for in this chapter are in addition to any other remedies provided for under: (i) any other applicable law; or (ii) common law; and (b) to be liberally construed and applied to: (i) effectuate the chapter’s […]
26-20-13. Medicaid fraud enforcement. (1) This chapter shall be enforced in accordance with this section. (2) The department is responsible for: (a) (i) investigating and prosecuting suspected civil violations of this chapter; or (ii) referring suspected civil violations of this chapter to the attorney general for investigation and prosecution; and (b) promptly referring suspected criminal […]
26-20-14. Investigations — Civil investigative demands. (1) The attorney general may take investigative action under Subsection (2) if the attorney general has reason to believe that: (a) a person has information or custody or control of documentary material relevant to the subject matter of an investigation of an alleged violation of this chapter; (b) a […]
26-20-15. Limitation of actions — Civil acts antedating this section — Civil burden of proof — Estoppel — Joint civil liability — Venue. (1) An action under this chapter may not be brought after the later of: (a) six years after the date on which the violation was committed; or (b) three years after the […]
26-20-3. False statement or representation relating to medical benefits. (1) A person may not make or cause to be made a false statement or false representation of a material fact in an application for medical benefits. (2) A person may not make or cause to be made a false statement or false representation of a […]
26-20-4. Kickbacks or bribes prohibited. (1) For purposes of this section, kickback or bribe: (a) includes rebates, compensation, or any other form of remuneration which is: (i) direct or indirect; (ii) overt or covert; or (iii) in cash or in kind; and (b) does not include a rebate paid to the state under 42 U.S.C. […]
26-20-5. False statements or false representations relating to qualification of health institution or facility prohibited — Felony. (1) A person may not knowingly, intentionally, or recklessly make, induce, or seek to induce, the making of a false statement or false representation of a material fact with respect to the conditions or operation of an institution […]
26-20-6. Conspiracy to defraud prohibited. A person may not enter into an agreement, combination, or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious, or fraudulent claim for a medical benefit. Amended by Chapter 297, 2011 General Session
26-20-7. False claims for medical benefits prohibited. (1) A person may not make or present or cause to be made or presented to an employee or officer of the state a claim for a medical benefit: (a) which is wholly or partially false, fictitious, or fraudulent; (b) for services which were not rendered or for […]
26-20-8. Knowledge of past acts not necessary to establish fact that false statement or representation knowingly made. In prosecution under this chapter, it is not necessary to show that the person had knowledge of similar acts having been performed in the past on the part of persons acting on his behalf nor to show that […]
26-20-9. Criminal penalties. (1) (a) Except as provided in Subsection (1)(b) the culpable mental state required for a criminal violation of this chapter is knowingly, intentionally, or recklessly as defined in Section 76-2-103. (b) The culpable mental state required for a criminal violation of this chapter for kickbacks and bribes under Section 26-20-4 is knowingly […]
26-20-9.5. Civil penalties. (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 […]
