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 521 - Fraud, Waste and Abuse Prevention
Subpart 521-3 - SELF-DISCLOSURE PROGRAM
Section 521-3.1 - Scope and applicability

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Scope.

(1) Subdivision 6 of the section 363-d of the Social Services Law requires persons who have received an overpayment under the MA program to report, return and explain the overpayment to the department and the Office of Medicaid Inspector General ("OMIG").

(2) A person satisfies their obligation to report, return and explain by making a disclosure through OMIG's Self-Disclosure Program, complying with the requirements as specified in section 521-3.4 of this SubPart, and returning the overpayment and interest to the department in accordance with the provisions of section 521-3.5 of this SubPart.

(b) Applicability. This SubPart applies to persons who have received an overpayment under the MA program.

(c) Related requirements. 42 U.S.C. § 1320a-7k(d) requires persons who have received an overpayment from the MA program to report, return and explain the overpayment to the Federal Department of Health and Human Services, the State, or appropriate fiscal intermediary.

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