Code of Massachusetts Regulations
815 CMR - COMPTROLLER'S DIVISION
Title 815 CMR 9.00 - Debt Collection And Intercept
Section 9.07 - Intercept of Debt by Office of the Comptroller

Universal Citation: 815 MA Code of Regs 815.9

Current through Register 1531, September 27, 2024

(1) Submission of Billing Entity Debt to Intercept.

(a) State Department Billing Entities processing Debts through the MMARS State Accounting System billing and Accounts Receivable System will automatically assign Debts systemically to Intercept when the Debt is 120 days past due, unless the Debt has been flagged as exempt from Intercept.

(b) State Department Billing Entities that have received prior Office of the Comptroller approval to use an alternate billing and Accounts Receivable System or application must take the appropriate steps to assign Debt through the Intercept system either through an interface with the MMARS State Accounting System or through any other interface prescribed by the Office of the Comptroller. If an alternative billing and Accounts Receivables Systems or application is used, the State Department Billing Entity must certify to the Comptroller annually as part of the internal control review process, in addition to any other required certification, that the delegated system supports appropriate security of personally identifiable information in accordance with M.G.L. c. 93H and c. 93I, Executive Order 504: Order Regarding the Security and Confidentiality of Personal Information if applicable to that State Department Billing Entity, any other applicable security or privacy requirements, and compliance with state finance law as prescribed by the Comptroller.

(c) Other non-State Department Billing Entities may submit Debt to Intercept through any interface prescribed by the Office of the Comptroller.

(2) Certification of Due Process and Accuracy of Debts. A Billing Entity submitting a Debt to Intercept must certify compliance with the Accounts Receivable, billing, dunning and due process notice requirements in 815 CMR 9.03, including verifying and certifying the accuracy of the name of any Debtor, the tax identification number, the amount of the Debt and that the Debt is legally enforceable.

(a) Debts submitted by State Department Billing Entities under 815 CMR 9.07(1)(a) shall be considered certified when a Debt is entered into the MMARS State Accounting System and approved to final status.

(b) Debts submitted by State Department Billing Entities under 815 CMR 9.07(1)(b) shall be considered certified when a Debt is approved by an authorized signatory through interface with the MMARS State Accounting System or through any other interface prescribed by the Office of the Comptroller. The State Department Billing Entity must continually verify and separate each submission to ensure that any exempted, restricted, disputed, uncertified or previously collected Debts have been removed from interface files to be submitted for Intercept.

(c) Debts submitted by non-State Department Billing Entities under 815 CMR 9.07(1)(c) shall be considered certified when a Debt is approved by an authorized signatory through an interface with the MMARS State Accounting System as prescribed by the Office of the Comptroller. The Billing Entity must continually verify and separate each submission to ensure that any exempted, restricted, disputed, uncertified or previously collected Debts have been removed from interface files to be submitted for Intercept.

(3) Reconciliation of Intercepts. Billing Entities shall be responsible for reimbursing any collected amounts, Late Fees or other Collection Charges deducted from any Debt that was improperly Intercepted. Billing Entities are required to maintain detailed records to support the Collection of an Accounts Receivable through Intercept, that a Debt was accurate and legally enforceable, and to support the accuracy of the Debt and Debtor information, and any Debts that were modified or reimbursed through improper Intercept.

(4) Procedures for Exempting Certain Debts or Payments from Intercept. State Department Billing Entities may submit requests to the Office of the Comptroller to exempt certain Debts or types of payments from the Intercept process. For other Billing Entities, Debts that should be exempt from Intercept must be removed from any file to be submitted through an interface for Intercept.

(5) A Debt may be re-submitted to Intercept indefinitely until the statute of limitations for Collection of that Debt has expired, or the Debt is deemed uncollectible and eligible for Settlement or Write-off under 815 CMR 9.08.

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