Cal. Code Regs. Tit. 22, § 51047 - Recovery of Overpayments
(a) When it is established upon audit that an
overpayment has been made to a provider, the Department shall begin liquidation
of any overpayment to a provider 60 days after issuance of the first Statement
of Accountability or demand for repayment. The demand for repayment or
Statement of Accountability shall be issued no later than 60 days after the
issuance of the audit or examination report establishing such overpayment. The
overpayment shall be recovered by any of the following methods:
(1) Lump sum payment by the
provider.
(2) Offset against
current payments due to the provider.
(3) A repayment agreement executed between
the provider and the Department.
(4) Any other method of recovery available to
and deemed appropriate by the Director.
(b) An offset against current payments shall
continue until one of the following occurs:
(1) The overpayment is recovered.
(2) The Department enters into an agreement
with the provider for repayment of overpayment.
(3) The Department determines, as a result of
proceedings under this article, that there is no
overpayment.
(c) The
provider shall pay interest at the rate of seven percent per annum on any
unrecovered overpayment in all cases where the statement of account status was
issued before June 28, 1981. In all other cases, the provider shall pay
interest as provided by Welfare and Institutions Code Section
14171(f).
(d) Nothing in this section shall prohibit a
provider from repaying all or a part of the disputed overpayment without
prejudice to his right to a hearing under this article.
(e) Any recovered overpayment that is
subsequently determined to have been erroneously collected shall be promptly
refunded to the provider, together with interest computed at the legal rate of
seven percent per annum from the date of such liquidation or 60 days after
issuance of the audit or examination findings, whichever is later. The
provisions of this paragraph shall apply only to those overpayments determined
by audit reports issued after April 6, 1976 and before June 28, 1981. In all
other cases, interest shall be paid in accordance with the provisions of
Sections
14171(e)
and
14172.5,
Welfare and Institutions Code.
(f)
As used in this section, "Statement of Account Status" also includes statement
of accountability or demand for repayment.
Notes
2. Certificate of Compliance transmitted to OAL 1-13-83 and filed 2-16-83 (Register 83, No. 8).
3. Editorial correction of NOTE filed 12-13-84 (Register 84, No. 50).
4. Amendment filed 9-17-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Editorial correction of subsection (f) (Register 95, No. 45).
6. Change without regulatory effect amending subsection (a) filed 5-24-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 22).
Note: Authority cited: Sections 14105, 14124.5 and 14171, Welfare and Institutions Code. Reference: Sections 14171, 14171.5 and 14172.5, Welfare and Institutions Code.
2. Certificate of Compliance transmitted to OAL 1-13-83 and filed 2-16-83 (Register 83, No. 8).
3. Editorial correction of Note filed 12-13-84 (Register 84, No. 50).
4. Amendment filed 9-17-85; effective thirtieth day thereafter (Register 85, No. 38).
5. Editorial correction of subsection (f) (Register 95, No. 45).
6. Change without regulatory effect amending subsection (a) filed 5-24-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 22).
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