Conn. Agencies Regs. § 17b-4(a)-5 - Recovery of direct services overpayments

(a) Recipients, service providers, and service provider agencies are obligated to reimburse the Department for any overpayment received whether directly, or on behalf of a recipient.

(b) The Commissioner may waive recoupment of an overpayment up to the limit of statutory authority pursuant to Connecticut General Statutes Section 3-7 if in his judgment the imposition of recoupment measures would place the recipient at significant risk of institutionalization, would place the recipient's family in a crisis situation or is not in the best interest of the State.

(c) Prior to the Department initiating any recoupment process, the recipient, service provider, or service provider agency shall be notified of the amount of the overpayment, the reason the overpayment occurred, the time period covered by the overpayment, and the proposed method for recovering the overpayment.

(d) Method of Recoupment:

(1) The Department will attempt to recover overpayments from recipients, former recipients, service providers, or service provider agencies by the lump-sum recoupment method.

(2) If the individual who owes the overpayment is unable to make a lump sum repayment, the Department will attempt to recover the money through the installment recoupment method. Active recipients and providers may agree to the grant reduction recoupment method in lieu of installment recoupment.

(3) In cases where the individual who owes the overpayment fails or refuses to make a lump sum payment, sign an installment agreement, or comply with the provisions of an installment agreement, the Department may invoke the grant reduction recoupment method by reducing each subsequent payment made to or on behalf of a recipient by up to 25% of the total amount owed until such overpayment is recovered.

(4) Service provider agencies that fail or refuse to repay overpayments may have the amount which is owed recouped from any other payments to which they are entitled on behalf of any other client.

(5) When there is failure to agree to an appropriate repayment plan, the Commissioner shall take whatever action he deems appropriate to recover such overpayment.

Notes

Conn. Agencies Regs. § 17b-4(a)-5

Effective November 30, 1995