Colo. Rev. Stat. § 25.5-4-304

Current through Chapter 67 of the 2024 Legislative Session

Section 25.5-4-304 - Definitions

As used in sections 25.5-4-303.5 to 25.5-4-309, unless the context otherwise requires:

(1)

(a) "Claim" means a request or demand for money or property, whether under a contract or otherwise, and regardless of whether the state has title to the money or property, under the "Colorado Medical Assistance Act" that is:

(I) Presented to an officer, employee, or agent of the state; or

(II) Made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the state's behalf or to advance a program or interest of the state and if the state:

(A) Provides or has provided any portion of the money or property requested or demanded; or

(B) Will reimburse the contractor, grantee, or other recipient for any portion of the money or property that is requested or demanded.

(b) "Claim" does not include a request or demand for money or property that the state has paid to an individual as compensation for employment by the state or as an income subsidy with no restriction on that individual's use of the money or property.

(2) "Colorado Medical Assistance Act" means this article and articles 5 and 6 of this title.

(3)

(a) "Knowing" or "knowingly" means that a person, with respect to information:

(I) Has actual knowledge of the information;

(II) Acts in deliberate ignorance of the truth or falsity of the information; or

(III) Acts in reckless disregard of the truth or falsity of the information.

(b) "Knowing" or "knowingly" does not require proof of specific intent to defraud.

(4) "Material" means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

(5) "Obligation" means a fixed or contingent duty arising from an express or implied contractual, quasi-contractual, grantor-grantee, licensor-licensee, statutory, fee-based, or similar relationship, or the retention of overpayment.

C.R.S. § 25.5-4-304

Amended by 2013 Ch. 276, § 3, eff. 8/7/2013.

L. 2006: Entire article added with relocations, p. 1838, § 7, effective July 1. L. 2010: Entire section R&RE, (SB 10 -167), ch. 296, p. 1379, § 11, effective May 26. L. 2013: (5) amended, (SB 13-205), ch. 276, p. 1441, § 3, effective August 7.

This section is similar to former §§ 26-4-1102 and 26-4-1103(3) as they existed prior to 2006.

For the legislative declaration in SB 10-167, see section 1 of chapter 296, Session Laws of Colorado 2010.