Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 140 - MEDICAL PAYMENT
Subpart L - UNAUTHORIZED USE OF MEDICAL ASSISTANCE
Section 140.1310 - Recovery of Money
Universal Citation: 89 IL Admin Code ยง 140.1310
Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall recover any and all State and federal monies that the Director, by his or her final administrative decision, has determined were improperly and erroneously paid by:
1) direct
payment to the Department;
2)
recoupment from any future assistance provided by the State pursuant to
305 ILCS
5/11-14.5, provided that the recoupment from the
future assistance is the greater of either 20 percent of the household's
monthly benefit amount or $20;
3)
recoupment from SNAP benefits pursuant to 305 ILCS 5/11-14.5, provided that the
recoupment from the SNAP benefits is the greater of either 20 percent of the
household's monthly benefit amount or $20;
4) initiation of wage garnishment
proceedings;
5) referral of the
overpayment to a private collection agency for collection;
6) referral of the overpayment to the
Comptroller of the State of Illinois for collection under Section 10.5 of the
State Comptroller Act [15 ILCS 405/10.5 ];
7) initiation of proceedings to obtain a
civil judgment under Section 8A-7 of the Illinois Public Aid Code
[305 ILCS 5/8A-7
];
8) referral of the overpayment
to the Treasury Offset Program for deduction of the debt from tax refunds
and/or other federal warrants in accordance with federal regulations (see 7 CFR
272 - 273); or
9) any legal means
consistent with State and federal law.
b) The Department may recover interest, at the rate, and accruing as, stated in 89 Ill. Adm. Code 104.930(b), on State and federal monies that the Director, by his or her final administrative decision, has determined were improperly and erroneously paid to, or on behalf of, any person who knowingly:
1) uses, acquires, possesses or transfers a
medical card in any manner not authorized by law or by rules of the
Department;
2) aids, abets,
incites, compels or coerces the use, acquisition, possession or transfer of a
medical card in any manner not authorized by law or by rules of the
Department;
3) alters a medical
card;
4) uses, acquires, possesses
or transfers an altered medical card;
5) obtains unauthorized medical benefits with
or without the use of a medical card; or
6) causes to be presented to the Department a
claim for unauthorized medical benefits.
Disclaimer: These regulations may not be the most recent version. Illinois 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
