Definitions.

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  • (1) "Benefit" means the receipt of money, goods, or any other thing of pecuniary value.
  • (2) "Claim" means any request or demand for money or property:
    • (a) made to any:
      • (i) employee, officer, or agent of the state;
      • (ii) contractor with the state; or
      • (iii) grantee or other recipient, whether or not under contract with the state; and
    • (b) if:
      • (i) any portion of the money or property requested or demanded was issued from or provided by the state; or
      • (ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property.
  • (3) "False statement" or "false representation" means a wholly or partially untrue statement or representation which is:
    • (a) knowingly made; and
    • (b) a material fact with respect to the claim.
  • (4) "Knowing" and "knowingly":
    • (a) for purposes of criminal prosecutions for violations of this chapter, is one of the culpable mental states described in Subsection 26-20-9(1); and
    • (b) for purposes of civil prosecutions for violations of this chapter, is the required culpable mental state as defined in Subsection 26-20-9.5(1).
  • (5) "Medical benefit" means a benefit paid or payable to a recipient or a provider under a program administered by the state under:
    • (a) Titles V and XIX of the federal Social Security Act;
    • (b) Title X of the federal Public Health Services Act;
    • (c) the federal Child Nutrition Act of 1966 as amended by P.L. 94-105; and
    • (d) any programs for medical assistance of the state.
  • (6) "Person" means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association.




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