Oregon Administrative Rules
Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES
Division 375 - INDEPENDENT PROVIDERS DELIVERING DEVELOPMENTAL DISABILITIES SERVICES
Section 411-375-0045 - Overpayments
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An overpayment is any payment made by the Department or case management entity to an independent provider that is more than the independent provider is permitted to receive under DHS rules. An independent provider may only receive payment for a number of hours that are actually provided and do not exceed the amount stated in a Service Agreement.
(2) Overpayments are categorized as follows:
(3) The Department may recover an overpayment established by a judgment in a state or federal court, by the Department or another administrative agency in a contested case proceeding, or by a signed document in which the person acknowledges the overpayment and waives the right to a contested case hearing.
(4) Overpayments for personal support workers are recovered as follows:
(5) Overpayments for independent providers who are not personal support workers are recovered as described in OAR chapter 407, division 120.
Statutory/Other Authority: ORS 409.050
Statutes/Other Implemented: ORS 410.600, 410.606-619 & 427.007