28 Pa. Code § 1105.2 - Price adjustment
(a)
Determination of overpayment. In each calendar quarter, the
Department will compare the maximum amount for which a WIC authorized store
could have redeemed a WIC check, based upon the maximum allowable prices
applicable to the store's peer group for foods authorized for purchase on the
check, against the actual amount for which the WIC check was redeemed, to
determine whether there was an overpayment.
(b)
Pursuit of
reimbursement. The Department will seek reimbursements from a WIC
authorized store when the price comparison reveals overpayments to the store in
excess of $10 in a calendar quarter.
(c)
Reimbursement of
overpayments. A WIC authorized store shall reimburse the Department
for overpayments within 20-calendar days of the date on the Department's notice
of the overpayment, unless the WIC authorized store disputes the determination
of overpayment.
(d)
Dispute
of overpayments. A WIC authorized store that disputes a determination
of overpayment shall submit the basis for its dispute in writing to the
Department, postmarked within 15-calendar days of the date on the Department's
notice. Reimbursement the Department determines is owed shall be due within
15-calendar days of the mailing date of the Department's notification of its
resolution of the dispute. The Department's resolution of a dispute regarding
overpayments is not an adverse action that may be appealed.
(e)
Sanctions. The
Department will impose a sanction against a WIC authorized store under §
1107.1a(d)(11)
(relating to disqualifications) if the store fails to reimburse the Department
for an overpayment within the time required under subsections (c) and
(d).
Notes
The provisions of this § 1105.2 amended under section 2102(g) of The Administrative Code of 1929 (71 P. S. § 532(g)).
This section cited in 28 Pa. Code § 1113.1 (relating to right to administrative appeal).
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