New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter E - Medical Care
Article 3 - Policies and Standards Governing Provision of Medical and Dental Care
Part 518 - Recovery And Withholding Of Payments Or Overpayments
Section 518.5 - Recovery of overpayments; procedure

(a) Except as provided in subdivision (b) of this section, when a determination is made that an overpayment has been made, any person from whom recovery is sought is entitled to a notice of the overpayment and an opportunity to be heard in accordance with the procedures established under Part 519 of this Title. The procedures under Part 515 or 517 of this Title govern the process for determining the nature and amount of the overpayment and making any administrative appeals.

(b) The procedures set forth in subdivision (a) of this section do not apply where the department or its fiscal agent adjusts or denies a claim prior to payment or withholds payment pursuant to a notice of withholding.

(c) The department reserves the right to initiate or participate in civil proceedings, including actions at law or in equity to recover any overpayment where the action or proceeding would be more efficient or effective or in the best interests of the program.