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H.B. 202
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WELFARE FRAUD AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Neil A. Hansen
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AN ACT RELATING TO PUBLIC ASSISTANCE FRAUD; AMENDING THE PENALTIES
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FOR PUBLIC ASSISTANCE FRAUD; AND MAKING TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-8-1203, as last amended by Chapters 152, 174 and 375, Laws of Utah 1997
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76-8-1204, as last amended by Chapters 174 and 375, Laws of Utah 1997
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76-8-1207, as enacted by Chapter 102, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-8-1203
is amended to read:
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76-8-1203. Disclosure required -- Penalty.
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(1) Each person who applies for public assistance shall disclose to the state agency
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administering the public assistance each fact that may materially affect the determination of his
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eligibility to receive public assistance, including his current:
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(a) marital status;
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(b) household composition;
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(c) employment;
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(d) income;
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(e) receipt of monetary and in-kind gifts; and
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(f) other resources.
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(2) Any person applying for public assistance who intentionally, knowingly, or recklessly
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fails to disclose any material fact required to be disclosed under Subsection (1) is guilty of [a class
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B misdemeanor] public assistance fraud as provided in Section
76-8-1206
.
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(3) Any client who intentionally, knowingly, or recklessly fails to disclose to the state
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agency administering the public assistance any change in a material fact required to be disclosed
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under Subsection (1), within ten days after the date of the change, is guilty of [a class B
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misdemeanor] public assistance fraud as provided in Section
76-8-1206
.
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Section 2.
Section
76-8-1204
is amended to read:
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76-8-1204. Disclosure by provider required -- Penalty.
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(1) (a) Any provider who solicits, requests, or receives, actually or constructively, any
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payment or contribution through a payment, assessment, gift, devise, bequest, or other means,
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directly or indirectly, from a client or client's family shall notify the state agency administering the
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public assistance the client is receiving of the amount of payment or contribution in writing within
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ten days after receiving that payment or contribution.
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(b) If the payment or contribution is to be made under an agreement, written or oral, the
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provider shall notify the state agency administering the public assistance the client is receiving of
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the payment or contribution within ten days after entering into the agreement.
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(2) Any person who intentionally, knowingly, or recklessly fails to notify the state agency
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administering the public assistance the client is receiving as required by this section is guilty of [a
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class B misdemeanor] public assistance fraud as provided in Section
76-8-1206
.
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Section 3.
Section
76-8-1207
is amended to read:
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76-8-1207. Legal actions -- Evidence -- Value of benefits -- Repayment no defense to
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criminal action.
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In any criminal action pursuant to this part:
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(1) a paid state warrant made to the order of a party or a payment made through an
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electronic benefit card issued to a party constitutes prima facie evidence that the party received
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financial assistance from the state;
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(2) all of the records in the custody of the department relating to the application for,
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verification of, issuance of, receipt of, and use of public assistance constitute records of regularly
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conducted activity within the meaning of the exceptions to the hearsay rule of evidence;
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(3) the value of the benefits received shall be based on the ordinary or usual charge for
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similar benefits in the private sector; and
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(4) the repayment of funds or other benefits obtained in violation of the provisions of this
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part constitutes no defense to, or ground for dismissal of, that action.
Legislative Review Note
as of 12-22-99 3:43 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.