Colorado § 24-31-1202 - Definitions.

§ 24-31-1202. Definitions.

As used in this part 12, unless the context otherwise requires:

(1) (a) "Claim" means a request or demand, whether under a contract or otherwise, for money or property and whether or not the state or a political subdivision has title to the money or property, that is:

(I) Presented to an officer, employee, or agent of the state or political subdivision; or

(II) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or political subdivision's behalf or to advance a government program or interest, and if the state or political subdivision:

(A) Provides or has provided any portion of the money or property requested or demanded; or

(B) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(b) "Claim" includes the failure to pay or the underpayment of an obligation owed to the state.

(c) "Claim" does not include a request or demand for money or property that the state or a political subdivision has paid:

(I) To an individual as compensation for employment by the state or political subdivision;

(II) As an income subsidy with no restrictions on that individual's use of the money or property;

(III) To an individual as part of a government assistance program in an amount less than ten thousand dollars in a calendar year; or

(IV) To a person under the "Colorado Medical Assistance Act", articles 4, 5, and 6 of title 25.5.

(2) "Department" means the department of law.

(3) "Fund" means the false claims recovery cash fund created in section 24-31-1209.

(4) (a) "Knowing" or "knowingly" mean that a person, with respect to information about a claim:

(I) Has actual knowledge of the falsity 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.

(b) "Knowing" or "knowingly" does not require proof of specific intent to defraud. A person who acts merely negligently with respect to information is not deemed to have acted knowingly, unless the person acts with reckless disregard of the truth or falsity of the information.

(5) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(6) "Obligation" means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship; from a fee-based or similar relationship; from statute or regulation; or from the retention of any overpayment.

(7) "Person" means any individual, corporation, business trust, estate, trust, limited liability company, partnership, association, or other nongovernmental legal entity.

(8) "Political subdivision" has the same meaning as set forth in section 24-72-202.

(9) "Proceeds" means all money, property, damages, double damages, treble damages, civil penalties, and payments for costs of compliance, including reasonable costs and attorney fees, realized by the state whether as a result of any settlement of or judgment entered in any action brought pursuant to this part 12.

Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2778, § 2, effective August 10.