Section 1477 - Recoupment(a) For Fiscal Year 1979-80 and annually thereafter, the Department shall review the report specified in 1475(a), which shall serve as the initial basis for the recovery of funds not expended in accordance with the Agreement described in 1469. (1) The Department: (A) Shall determine whether or not the county has reported only net costs specifically allowed pursuant to Department guidelines and regulations.(B) May disallow reported costs that are inaccurate or are not allowable costs for county health services or for health services provided to persons eligible pursuant to Section 17000 of the Welfare and Institutions Code.(2) The Department shall notify the local jurisdiction in writing of its determinations and allowances made pursuant to (1).(3) Notification shall be sent to the local jurisdiction's governing body, Auditor-Controller, Administrative Officer, and the Health Agency Director, Health Officer, and Hospital Administrator, as applicable.(4) The notification for the fiscal year shall list: (A) Aggregate net county costs specified in the Agreement.(B) Estimated actual net county costs as reported pursuant to 1475(a).(C) The difference between the two amounts.(5) If the estimated actual net county costs are less than the aggregate net county costs specified in the Agreement, the notification shall declare the Department's intent to do one or a combination of the following in order to recoup the State portion of the funds specified in (4)(C):(A) Adjust subsequent payments to the local jurisdiction from the County Health Services Fund.(B) Negotiate a repayment plan for the local jurisdiction.(C) Withhold the appropriate amount from other State funds payable to the local jurisdiction.(b) For Fiscal Year 1979-80 and annually thereafter, the Department shall review the report specified in 1475(b) which shall serve as the final basis for recoupment of funds not expended in accordance with the Agreement described in 1469, unless the report is modified by actual audit findings officially adopted by the State. (1) The Department: (A) Shall determine whether or not the local jurisdiction has reported only net costs specifically allowed pursuant to Department guidelines and regulations.(B) May disallow reported costs that are inaccurate or are not allowable after verifying the information with the local jurisdiction and notifying them of the proposed disallowance.(2) The Department shall notify the local jurisdiction in writing of its determinations and disallowances made pursuant to (1) and of any difference between the actual net county costs reported pursuant to 1475(b) and the estimated actual net county costs reported pursuant to 1475(a).(3) Notification shall be sent to the local jurisdiction's governing body, Auditor-Controller, Administrative Officer, and the Health Agency Director, Health Officer, and Hospital Administrator, as applicable.(4) The notification for the fiscal year shall list the:(A) Actual net county costs as reported pursuant to 1475(b).(B) Estimated actual net county costs as reported pursuant to 1475(a).(C) Difference between the two amounts.(5) If the actual net county costs are less than the estimated actual net county costs the notification shall declare the Department's intent to do one or a combination of the following in order to recoup the State portion of the funds specified in (4)(c): (A) Adjust subsequent payments to the local jurisdiction from the County Health Services Fund.(B) Negotiate a repayment plan for the local jurisdiction.(C) Withhold the appropriate amount from other State funds payable to the local jurisdiction.(c) The governing body of the local jurisdiction shall have twenty-one (21) working days, following receipt of notification pursuant to (a)(2) or (b)(2) to appeal the Department's decision. The appeal shall be in accordance with the format and procedures specified by the Department.(d) The Department may adjust the monthly payments made to a county pursuant to an Agreement as specified in 1469(b) if the county fails to expend such funds as specified in the Agreement.(e) The Department shall recover any unexpended funds disbursed to county as specified in 1473(b) for medically indigent services in accordance with the procedures specified in the Agreement.(f) The Department shall recover any funds not expended pursuant to 1469(b) in accordance with the procedures specified in the Agreement.Cal. Code Regs. Tit. 17, § 1477
1. Amendment of subsections (d)(B) and (e) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
2. Amendment filed 12-31-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-30-83.
3. Certificate of Compliance including editorial correction transmitted to OAL 4-29-83 and filed 6-9-83 (Register 83, No. 24). Note: Authority cited: Section 16712, Welfare and Institutions Code; and Statutes of 1982, Chapter 1594, Section 87(c). Reference: Section 16706, Welfare and Institutions Code.
1. Amendment of subsections (d)(B) and (e) filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
2. Amendment filed 12-31-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-30-83.
3. Certificate of Compliance including editorial correction transmitted to OAL 4-29-83 and filed 6-9-83 (Register 83, No. 24).