Vermont § 631 - Prohibition; penalties

§ 631. Prohibition; penalties

• (a) No person shall: (1) knowingly present, or cause to be presented, a false or fraudulent claim for payment
  or approval; (2) knowingly make, use, or cause to be made or used, a false record or statement material
  to a false or fraudulent claim; (3) knowingly present, or cause to be presented, a claim that includes items or services
  resulting from a violation of 13 V.S.A. chapter 21 or section 1128B of the Social
  Security Act, 42 U.S.C. §§ 1320a-7b; (4) knowingly present, or cause to be presented, a claim that includes items or services
  for which the State could not receive payment from the federal government due to the
  operation of 42 U.S.C. § 1396b(s) because the claim includes designated health services (as defined in 42 U.S.C. § 1395nn(h)(6)) furnished to an individual on the basis of a referral that would result in the denial
  of payment under 42 U.S.C. chapter 7, subchapter XVIII (the “Medicare program”), due
  to a violation of 42 U.S.C. § 1395nn; (5) having possession, custody, or control of property or money used, or to be used, by
  the State, knowingly deliver, or cause to be delivered to the State or its agent,
  less than all of that property or money for which the person receives a certificate
  or receipt; (6) being authorized to make or deliver a document certifying receipt of property used,
  or to be used, by the State or its agent and, intending to defraud the State, make
  or deliver the receipt without completely knowing that the information on the receipt
  is true; (7) knowingly buy, or receive as a pledge of an obligation or debt, public property from
  an officer or employee of the State, who lawfully may not sell or pledge the property; (8) enter into a written agreement or contract with an official of the State or its agent
  knowing the information contained in the agreement or contract is false; (9) knowingly make, use, or cause to be made or used, a false record or statement material
  to an obligation to pay or transmit money or property to the State; (10) knowingly conceal or knowingly and improperly avoid or decrease an obligation to pay
  or transmit money or property to the State; (11) as a beneficiary of an inadvertent submission of a false claim to the State, or as
  a beneficiary of an overpayment from the State, and who subsequently discovers the
  falsity of the claim or the receipt of overpayment, fail to disclose the false claim
  or receipt of overpayment to the State by the later of: (A) a date that is 120 days after the date on which the false claim or receipt of overpayment
  was identified; or (B) the date any corresponding cost report is due, if applicable; or (12) conspire to commit a violation of this subsection. (b) Any person who violates a provision of subsection (a) of this section shall be liable
  to the State for: (1) a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each act
  constituting a violation of subsection (a) of this section, as adjusted by the Federal
  Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. § 2461); (2) three times the amount of damages that the State sustains because of the act of that
  person; and (3) the costs of the investigation and prosecution of such violation. (c) Notwithstanding subdivisions (b)(1) and (b)(2) of this section, the Court may enter
  judgment for not less than two times the amount of damages that the State sustains
  because of the act of that person, and assessing no civil penalties, if the Court
  finds that: (1) the person committing the violation of subsection (a) of this section furnished officials
  of the State responsible for investigating false claims violations with all information
  known to that person about the violation within 30 days after the date on which the
  person first obtained the information; (2) the person fully cooperated with any investigation by the State of such violation;
  and (3) at the time the person furnished the State with the information about the violation,
  no criminal prosecution, civil action, or administrative action had commenced under
  this subchapter with respect to such violation, and the person did not have actual
  knowledge of the existence of an investigation into the violation. (d) This chapter shall not apply to claims, records, or statements made or presented to
  establish, limit, reduce, or evade liability for the payment of tax to the State or
  other governmental authority. (Added 2015, No. 25, § 1, eff. May 18, 2015; amended 2021, No. 105 (Adj. Sess.), § 457, eff. July 1, 2022.)