Or. Admin. R. 413-310-0360 - Policy
(1) In instances of
overpayment as defined above, SOSCF will initiate action to recover money
inappropriately paid out.
(a) When an
overpayment is discovered, notice will be sent to the service provider in
writing stating that deductions will be made from future payments and that if
the provider is no longer receiving payments from SOSCF, the provider is
directed to refund the overpayment. The notice will direct the provider to call
a specified person(s) in the DHS Accounting Services office at a listed phone
number to establish a repayment schedule or to discuss details of the issue,
including contesting the SOSCF claim of overpayment.
(b) If the provider is no longer receiving
payments from SOSCF, or the overpayment amount is larger than remaining
payments, and if satisfactory resolution is not reached through the personal
contact described above, a billing process will be initiated.
(c) In the billing process, an invoice along
with a letter explaining the circumstances of the overpayment and payment
options is sent to the service provider. This letter gives 30 days to make
repayment in full, or to request to make mutually agreeable installment
payments, or to appeal for a review or hearing as described in paragraphs (3)
and (4) below.
(d) If after the 30
days, a satisfactory response is not received, SOSCF will send a second notice
with a copy of the invoice and explanations, again asking for payment in 30
days. If satisfactory response is still not received, SOSCF will send a final
notice requesting payment in full by the end of 30 days. The final notice will
state that if payment is not received in full by the end of the 30 days, the
case will be referred to the Department of Revenue for collection in accordance
with ORS 293.250 -
293.260, or to a private
collection agency.
(2)
With the first billing notice (see (1)(b) & (c) above) to the service
provider that an overpayment is to be repaid, SOSCF will include information on
appealing the SOSCF claim for repayment in an Administrative Review by the
SOSCF Administrator or designee, as well as a Contested Case Notice informing
the provider of rights to a hearing as described in OAR 137-003-0505, failing
resolution in the Administrative Review.
(3) The service provider will have 30 days
following notice of an overpayment (see (1)(a) above) to request an
Administrative Review by the SOSCF Administrator or designee. This
Administrative Review will be a required step prior to the provider requesting
a contested case hearing described in (4) below.
(4) The service provider will have 30 days
following the conclusion of an Administrative Review and issuance of a decision
to appeal the finding in a contested case hearing before a hearing officer from
the Hearing Officer Panel of the Oregon Employment Department. The proceedings
shall be conducted pursuant to OAR 137-003-0501 to 137-003-0700.
(5) A contractor may request an
Administrative Review or a hearing before a hearing officer from the Hearing
Officer Panel to contest the finding that an overpayment exists for the
following reasons:
(a) To contest the finding
that an overpayment exists;
(b) To
contest the extent and amount of the overpayment to be repaid; or
(c) To contest the terms for
repayment.
(6) Upon
receipt by SOSCF of a formal request for an Administrative Review or for a
hearing as described in (3) and (4) above, any withholding of otherwise
appropriate contract payments may be discontinued pending the outcome of the
review or hearing.
Notes
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 293.250 - ORS 293.260
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