Section 180. Liability for excess benefits; liability for excess benefits or payments obtained without intent; recovery of FAMIS payments

A. Any person who, without the intent to violate this section, obtains benefits or payments under FAMIS to which he is not entitled shall be liable for any excess benefits or payments received. If the enrollee knew or reasonably should have known that he was not entitled to the excess benefits, he may also be liable for interest on the amount of the excess benefits or payments at the judgment rate as defined in § 6.1-330.54 of the Code of Virginia from the date upon which excess benefits or payments to the date on which repayment is made to the Commonwealth. No person shall be liable for payment of interest, however, when excess benefits or payments were obtained as a result of errors made solely by DMAS or its designee.

B. Any payment erroneously made on behalf of a FAMIS enrollee or former enrollee may be recovered by DMAS from the enrollee or the enrollee's income, assets, or estate unless state or federal law or regulation otherwise exempts such property.

Historical Notes

Derived from Volume 19, Issue 21, eff. August 1, 2003; amended, Virginia Register Volume 23, Issue 07, eff. January 10, 2007.

Statutory Authority

§§ 32.1-324 and 32.1-325 of the Code of Virginia.