Ariz. Admin. Code § 6-5-4923

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-5-4923 - Overpayments

A. Overpayments; Date of Discovery.

1. The Department shall pursue collection of all client- and provider-caused overpayments.

2. The Department discovers an overpayment on the date the Department determines that an overpayment exists.

3. The Department shall write an overpayment report within 90 days of the discovery date.

4. If the CCA office suspects that an overpayment was caused by fraudulent activity, it shall refer the overpayment report to the Department's Office of Special Investigations for potential prosecution.

5. The Department shall not attempt to recover an overpayment from a person who is not a current recipient when the overpayment was not the result of fraud, and the Department has exhausted reasonable efforts to collect the overpayment and has determined that it is no longer cost effective to pursue the claim.

B. Overpayments: Persons Liable. The Department shall pursue collection of an overpayment from:

1. The client if the overpayment was caused by the client;

2. Any individual member of the family who was included in family size as prescribed in R6-5-4914(D) during the overpayment period if the overpayment was caused by the client; or

3. The child care provider if the overpayment was caused by the provider.

Ariz. Admin. Code § R6-5-4923

Adopted effective July 1, 1998, under an exemption from the provisions of A.R.S. Title 41, Chapter 6; filed in the Secretary of State's Office June 30, 1998 (Supp. 98-2). Former R6-5-4923 renumbered to R6-5-4925; new R6-5-4923 renumbered from R6-5-4920 by exempt rulemaking at 13 A.A.R. 92, effective December 31, 2006 (Supp. 06-4).