(1) 

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Terms Used In Utah Code 76-8-1204

  • Bequest: Property gifted by will.
  • Client: means a person who receives or has received public assistance. See Utah Code 76-8-1201
  • Devise: To gift property by will.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
  • written: includes any handwriting, typewriting, printing, electronic storage or transmission, or any other method of recording information or fixing information in a form capable of being preserved. See Utah Code 76-1-101.5
(a)  Any provider who solicits, requests, or receives, actually or constructively, any payment or contribution through a payment, assessment, gift, devise, bequest, or other means, directly or indirectly, from a client or client’s family shall notify the state agency administering the public assistance the client is receiving of the amount of payment or contribution in writing within 10 days after receiving that payment or contribution.

(b)  If the payment or contribution is to be made under an agreement, written or oral, the provider shall notify the state agency administering the public assistance the client is receiving of the payment or contribution within 10 days after entering into the agreement.

(2)  Any person who intentionally, knowingly, or recklessly fails to notify the state agency administering the public assistance the client is receiving as required by this section is guilty of public assistance fraud as provided in Section 76-8-1206.

Amended by Chapter 48, 2000 General Session