WVC 9 - 7 - 6
§9-7-6. Civil remedies.
(a) Any person, firm, corporation or other entity which
willfully, by means of a false statement or representation, or by
concealment of any material fact, or by other fraudulent scheme,
devise or artifice on behalf of himself, herself, itself, or
others, obtains or attempts to obtain benefits or payments or
allowances under the medical programs of the Department of Health
and Human Resources to which he or she or it is not entitled, or,
in a greater amount than that to which he or she or it is entitled,
shall be liable to the Department of Health and Human Resources in
an amount equal to three times the amount of such benefits,
payments or allowances to which he or she or it is not entitled,
and shall be liable for the payment of reasonable attorney fees and
all other fees and costs of litigation.
(b) No criminal action or indictment need be brought against
any person, firm, corporation or other entity as a condition for
establishing civil liability hereunder.
(c) A civil action under this section may be prosecuted and
maintained on behalf of the Department of Health and Human
Resources by the Attorney General and the Attorney General's
assistants or a prosecuting attorney and the prosecuting attorney's
assistants or by any attorney in contract with or employed by the
Department of Health and Human Resources to provide such