Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 195 - LIENS, OVERPAYMENTS AND IPVS
Section 461-195-0561 - Compromise or Adjustment of an Overpayment Claim
Universal Citation: OR Admin Rules 461-195-0561
Current through Register Vol. 63, No. 3, March 1, 2024
(1) This rule section specifies when and how the Department may compromise an overpayment (see OAR 461-195-0501) claim.
(a) The Department may
consider a request to compromise an overpayment claim only if
the estimated administration and collection costs necessary to collect the
account in full likely exceed the current balance of the
overpayment.
(b)
The following limitations apply to the compromise of an
overpayment claim:
(A) The
authority of the Department to compromise may be limited by federal or state
law.
(B) The Department may
compromise a claim only once it is a liquidated claim (see OAR
461-195-0551).
(C) The Department
may compromise a claim only if the requester has made a good faith effort to
repay the overpayment.
(D) The Department may not compromise:
(i) A fraud overpayment
claim;
(ii) Any
overpayment claim, unless 36 months have passed since the
requester initially was notified of the overpayment;
(iii) An overpayment claim
if the debtor has the ability to repay the overpayment in full within 36 months
of the request date.
(iv) An
overpayment claim for less than 75 percent of the total amount
of the claim.
(v) An
overpayment claim if the debtor is a member, currently or in
the previous 12 months, of a filing group or HSD medical programs
eligibility determination group (see OAR 410-200-0015) that
received benefits under the program in which the overpayment
occurred.
(vi) A child care
provider overpayment claim if the provider, currently or in
the previous 12 months, received a direct provider payment for child care under
division 165 of this chapter of rules or division 175 of OAR chapter
414.
(c) The
Department may allow a compromised claim to be paid in installments over a
period not to exceed 90 days.
(d)
During the 12 months following the date of the compromise agreement, the
Department reserves the right to collect the original unmitigated claim through
benefit reduction under OAR 461-195-0551.
(2) The Department may adjust a medical assistance overpayment that as of April 21, 2021, was a liquidated claim, as follows:
(a) The liquidated claim may
be adjusted so that on or after September 1, 2021 the balance owed is $0.00,
except for:
(A) A fraud
overpayment claim,
(B) An overpayment claim
caused by receipt of continuing benefits in a contested case, or
(C) A medical assistance provider
overpayment claim.
(b) The Department may retain payments
received before September 1, 2021.
(c) This rule section does not apply to
estate administration (OAR 461-135-0832 to 461-135-0847).
Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 2013 HB 2089 Sect. 10 & ORS 409.040
Statutes/Other Implemented: 411.060, 411.404, 411.816, 412.014, 412.049, ORS 409.010, 411.635, 416.350 & ORS 409.040
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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