§ 145-b. False statements; actions for treble damages. 1. (a) It shall\nbe unlawful for any person, firm or corporation knowingly by means of a\nfalse statement or representation, or by deliberate concealment of any\nmaterial fact, or other fraudulent scheme or device, on behalf of\nhimself or others, to attempt to obtain or to obtain payment from public\nfunds for services or supplies furnished or purportedly furnished\npursuant to this chapter.\n (b) For purposes of this section, "statement or representation"\nincludes, but is not limited to: a claim for payment made to the state,\na political subdivision of the state, or an entity performing services\nunder contract to the state or a political subdivision of the state; an\nacknowledgment, certification, claim, ratification or report of data\nwhich serves as the basis for a claim or a rate of payment, financial\ninformation whether in a cost report or otherwise, health care services\navailable or rendered, and the qualifications of a person that is or has\nrendered health care services.\n (c) For purposes of this section, a person, firm or corporation has\nattempted to obtain or has obtained public funds when any portion of the\nfunds from which payment was attempted or obtained are public funds, or\nany public funds are used to reimburse or make prospective payment to an\nentity from which payment was attempted or obtained.\n 2. For any violation of subdivision one, the local social services\ndistrict or the state shall have a right to recover civil damages equal\nto three times the amount by which any figure is falsely overstated or\nin the case of non-monetary false statements or representations, three\ntimes the amount of damages which the state, political subdivision of\nthe state, or entity performing services under contract to the state or\npolitical subdivision of the state sustain as a result of the violation\nor five thousand dollars, whichever is greater. Notwithstanding part C\nof chapter fifty-eight of the laws of two thousand five: (a) For civil\ndamages collected by a local social services district, relating to the\nmedical assistance program, pursuant to a judgment under this\nsubdivision, such amounts shall be apportioned between the local social\nservices district and the state. If the violation occurred: (i) prior to\nJanuary first, two thousand six, the amount apportioned to the local\nsocial services district shall be the local share percentage in effect\nimmediately prior to such date as certified by the division of budget,\nor (ii) after January first, two thousand six, the amount apportioned to\nthe local social services district shall be based on a reimbursement\nschedule, created by the office of Medicaid inspector general, in effect\nat the time the violation occurred; provided that, if there is no\nschedule in effect at the time the violation occurred, the schedule to\nbe used shall be the first schedule adopted pursuant to this\nsubdivision. Such schedule shall provide for reimbursement to a local\nsocial services district in an amount between ten and fifteen percent of\nthe gross amount collected. Such schedule shall be set on a county by\ncounty basis and shall be periodically reviewed and updated as\nnecessary; provided, however, that any such updated schedule shall not\nbe less than ten percent nor greater than fifteen percent of the gross\namount collected; and (b) For civil damages collected by the state\nrelating to the medical assistance program pursuant to a judgment under\nthis subdivision, the local social services district shall be entitled\nto compensation up to fifteen percent of the gross amount collected for\nsuch participation, including but not limited to identification,\ninvestigation or development of a case, commensurate with its level of\neffort or value added as determined by the Medicaid inspector general.\n 3. If any provider or supplier of services in the program of medical\nassistance is required to refund or repay
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