Section 359.10 Overpayments and Repayments

Section 359

Section 359.10  Overpayments

and Repayments

a)         When an overpayment for a service occurs, the Department will

seek to recover the amount overpaid in the following ways:

1)         The Department will deduct the amount of the overpayment from

future payments to the service provider or from youth who receive their own

payments.  The Department will provide advance written notice to the service

provider of the youth of the amount of the deduction.

2)         If the service provider or youth are no longer receiving

payments from the Department, the Department will request in writing repayment

of the amount that was overpaid.

b)         The Department seeks to recover an overpayment through

deduction from future payments.  In determining the amount of the monthly

repayment, the Department will take into account the ability of providers to

repay the amount without adversely affecting the provider's ability to provide

proper care to the children in their care.  Criteria will be based on their

income, expenses and family size.  The Department will take into account the

ability of youth to repay without adversely affecting their ability to meet

basic living expenses such as rent, food and clothing.

c)         When the Department seeks to recover an overpayment from

providers who are no longer providing a service to the Department or from youth

who are no longer receiving payments, it will take into account their ability

to repay based on their income, expenses and family size.

d)         When providers or youth, who no longer receive payments from

the Department, refuse to repay overpaid amounts and the Department has made a

reasonable effort to recover the amount, the Department will refer the matter

to the State Comptroller and the Attorney General.