N.Y. Comp. Codes R. & Regs. tit. 18 § 518.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 518.8 - Recovery of overpayments pending a hearing

(a) The department may, upon notice to the provider and not sooner than 20 days after issuance of the final audit report or notice of agency action, commence recoupment of overpayments.

(b) If a request for hearing has been timely made and the department's office of administrative hearings is unable to schedule the hearing so that it is commenced within 90 days of receipt of such request or if the department is unable to proceed within 90 days of receipt of such request, any recovery begun under this section will be stayed pending the commencement of the hearing. If a hearing has been scheduled to commence within 90 days of receipt of a hearing request, any delays or adjournments of the commencement of the hearing occasioned by or attributable to the provider, his or her attorney or authorized representative will not forestall the commencement or continuation of recoupment. However, any delays or adjournments occasioned by or attributable to the department will forestall the commencement or continuation of recoupment.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 518.8