Florida Administrative Code
64 - DEPARTMENT OF HEALTH
64W - Division of Public Health Statistics and Performance Management
Chapter 64W-6 - FRAME DENTAL
Section 64W-6.007 - Non-Compliance

Universal Citation: FL Admin Code R 64W-6.007

Current through Reg. 50, No. 187; September 24, 2024

(1) A recipient who fails to comply with the requirements of section 381.4019, F.S., the requirements of this chapter, or who is found to have made false statements or misrepresentations on the information in their application will be subject to the following:

(a) Payment of a penalty, as set forth below:
1. The amount of the loan repayment paid to the lender; and

2. Interest on the loan repayment amount at the maximum legal prevailing rate from the date of noncompliance, as determined by the Florida Department of Revenue and published on their website at https://floridarevenue.com/taxes/taxesfees/Pages/tax_interest_rates.aspx.

(b) Payment of costs and expenses incurred in the collection of penalties, including attorney fees.

(2) The Department shall notify recipients of noncompliance. The notification shall include the date of noncompliance and the reason for the determination, the total amount to be repaid, the formula used to calculate the required repayment, options for repayment, and consequences of inaction.

(3) The debt will be due to be paid within six months from the date of the noncompliance notice. Failure to pay the debt by the due date has the following consequences:

(a) The debt will be reported as delinquent to credit reporting agencies. If the debt becomes past due (i.e., remains unpaid at the end of the repayment period), it will be reported as "delinquent."

(b) The debt may be referred to a debt collection agency and the Department of Revenue. Any FRAMEdental debt past due for 45 days may be referred to a debt collection agency. If the debt collection agency is unsuccessful in collecting payment, the debt will be referred to the Office of the Attorney General for filing of a lawsuit against the defaulted recipient.

(c) Notification of the amount of the debt to the Department's Division of Medical Quality Assurance.

(4) A financial obligation under the FRAMEdental program is not dischargeable in bankruptcy for 7 years after the debt becomes due (i.e., for 7 years from the end of the one-year repayment period). After the 7-year period of absolute non-discharge expires, the debt may be discharged in bankruptcy only if a bankruptcy court determines that it would be unconscionable not to discharge the debt.

(5) This rule will be reviewed and repealed, modified, or renewed through the rulemaking process 5 years from the effective date.

Rulemaking Authority 381.4019 FS. Law Implemented 381.4019 FS.

New 2-15-24.

Disclaimer: These regulations may not be the most recent version. Florida may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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