New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle KK - Program for Elderly Pharmaceutical Insurance Coverage
Part 9850 - Audits And Recovery Of Overpayments
Section 9850.15 - Recoupment of overpayments

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 9850.15

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Overpayments determined to have been made pursuant to this Part shall be recovered by withholding the provider's current or future payments on claims submitted or a percentage of payments otherwise payable on such claims, at the option of the contractor, unless the provider and contractor agree otherwise. Such withholding may be made at any time after the issuance of a decision after hearing or, if a hearing has not been requested in accordance with this Part, at any time after expiration of the time period allowed in section 9850.7 of this Part for the making of such request.

(b) Any money due to the provider from the contractor shall be used as an offset against an overpayment determined to have been made by the audit made pursuant to this Part.

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