(a) Any provider who violates this chapter, in addition to any other penalties provided by law, shall be liable for the following civil penalties:

(1) Payment of an amount equal to 3 times the amount of excess payments; and

(2) Payment of a civil penalty of up to the sum of $2,000 for each deceptive claim or falsification; and

(3) All reasonable expenses which the court determines may have been incurred by the State in the enforcement of this section.

Terms Used In Delaware Code Title 31 Sec. 1008

  • Department: shall mean the Department of Health and Social Services. See Delaware Code Title 29 Sec. 5807
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Provider: shall mean a person who is enrolled and who renders goods or services for which payment is made, in whole or in part, under a public assistance program. See Delaware Code Title 29 Sec. 5807
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 6 Sec. 4307

(b) No criminal action or indictment need be brought against any provider as a condition for establishing civil liability hereunder.

(c) Any provider, who, without intent to violate this chapter, obtains benefits or payments in excess of the amount to which the provider is entitled, shall be liable for the payment of a civil assessment as provided in subsection (a) of this section which may be sought and recovered in an administrative proceeding by the Department to which the claim was submitted, or by the Attorney General.

65 Del. Laws, c. 345, § 2; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 358, § 1.;