9 Colo. Code Regs. § 2503-5-3.582
Current through Register Vol. 47, No. 20, October 25, 2024
Section 9 CCR 2503-5-3.582 - OVERPAYMENTSThe county department shall establish a claim on an overpayment before the last day of the quarter following the quarter in which the overpayment was discovered.
A. An overpayment shall be adjusted if there is a record of any underpayment(s) for a prior period. The hierarchy of such adjustments shall be: 1. Fraud or IPV claims first,2. Client error claims second; and,3. Administrative error claims last.B. Liability for an overpayment must be legally established. Methods for legally establishing an overpayment include but are not limited to: 1. An executed promissory note;3. A final agency action;4. A signed public assistance repayment agreement form.C. Failure to sign the public assistance repayment agreement form shall be handled as follows: 1. If the client against whom a collection action has been initiated is currently participating in any Adult Financial program and does not respond to the public assistance repayment agreement form within eleven (11) calendar days of the date the notice is mailed, grant payment reduction shall begin with the first month following the timely noticing period without further notice as described in Section 3.585 .A.2.2. If the client against whom a collection action has been initiated is not participating in the program when a collection action for a claim is initiated or if a collection action has been initiated for repayment of a claim and no response is made to the public assistance repayment agreement form within eleven (11) calendar days of the date the notice is mailed, the county department shall pursue all legal recovery methods as described in Section 3.585 in order to recover the overpayment. Legal remedies include, but are not limited to, judgments, garnishments, claims on estates and the State income tax refund intercept process.D. The amount of the overpayments involving income shall be calculated to allow for income disregards described in Sections 3.533, 3.544, and 3.549 based on the Adult Financial program from which the client received grant payments.E. Computation of the overpayment for Adult Financial grant payments is based on the amount received that a client was originally eligible to receive. All earned and unearned income received by the client and any resources are taken into consideration in the computation. In the instances where the overpayment is the direct result of actions tied to the determination of IPV and/or fraud, which resulted in receipt of grant payments in error, or grant payments received that the client was not eligible to receive, the overpaid grant payments shall be recovered from the client and/or a liable individual pursuant to the requirements of 3.583.
F. The calculation of overpayment shall begin in the month that the overpayment occurred. 1. Start with the amount issued to the client;2. Determine the correct payment according to program rules at Sections 3.520.78, 3.533, 3.544, 3.549, and 3.581.D.3. Compare the amount issued to the client to the correct payment amount. a. If the amount issued to the client is greater than the correct payment amount, the difference is the overpayment amount.b. If the amount issued to the client is less than the correct payment amount, the difference is the underpayment amount, as addressed in Section 3.581.G.4. If the client is over the resource limit in any month, the client is totally ineligible for that month. Any payment received in such month(s) is an overpayment.5. If a client does not meet the non-financial eligibility requirements in any month, the client is totally ineligibile for the month. Any payment received in such month(s) is an overpayment.G. When the county department has determined that a client has received an overpayment, the department shall: 1. Take action to research the overpayment and determine the amount of the overpayment.2. Determine if the overpayment is to be recovered as described in Section 3.585.3. Document the facts and situation that produced the overpayment. Document whether the overpayment is to be recovered. Retain all associated documentation and notices until the overpayment is repaid in full.4. Determine whether there was willful withholding of information, fraud, or IPV as described in Sections 3.583 and 3.584.5. Provide the client with timely or adequate notice as required by Section 3.554 of the amount due and the reason for the recovery including: a. The liable individual(s) responsible for the repayment;b. The amount of the claim;c. The period the claim is for;d. The reason for the overpayment including whether the overpayment is a result of fraud/IPV, client error, or administrative error;e. The client's rights and responsibilities;f. The method of repayment;g. How to obtain free legal assistance; andh. The applicable rules concerning the overpayment.6. Send quarterly statements with the balance due.37 CR 13, July 10, 2014, effective 8/1/201437 CR 17, September 10, 2014, effective 10/1/201438 CR 04, February 25, 2015, effective 3/20/201538 CR 04, February 25, 2015, effective 4/1/201538 CR 09, May 10, 2015, effective 6/1/201538 CR 15, August 10, 2015, effective 9/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 17, September 10, 2016, effective 10/1/201640 CR 03, February 10, 2017, effective 2/14/201741 CR 05, March 10, 2018, effective 4/1/201841 CR 15, August 10, 2018, effective 9/1/201841 CR 19, October 10, 2018, effective 11/1/201842 CR 01, January 10, 2019, effective 2/1/201943 CR 01, January 10, 2020, effective 1/1/202043 CR 03, February 10, 2020, effective 3/1/202043 CR 11, June 10, 2020, effective 7/1/202043 CR 23, December 10, 2020, effective 1/1/202144 CR 03, February 10, 2021, effective 3/2/202144 CR 13, July 10, 2021, effective 8/1/202145 CR 03, February 10, 2022, effective 3/2/202245 CR 05, March 10, 2022, effective 4/1/202245 CR 13, July 10, 2022, effective 7/1/202245 CR 15, August 10, 2022, effective 8/10/202245 CR 15, August 10, 2022, effective 8/30/202246 CR 01, January 10, 2023, effective 12/10/202246 CR 01, January 10, 2023, effective 1/1/202346 CR 03, February 10, 2022, effective 3/2/2023