- (a) Overpayment reports will be submitted to the Central Office Overpayments Unit, Slot WG2.
(b)
- (1) The Division of County Operations will complete and submit overpayments related to eligibility.
- (2) Supportive services received during this period will also be determined by the Division of County Operations and included in the overpayment report.
- (c) Overpayments related to supportive services only will be completed and submitted by the Department of Human Services.
(d) Recording information in the case narrative.
(1) When an overpayment is discovered, the worker will document in the narrative section of ANSWER:
- (A) The amount of the overpayment;
- (B) The date the overpayment began;
- (C) The reason or reasons why the overpayment occurred; and
- (D) Any other pertinent information.
(2)
- (A) If the overpayment occurred because the participant provided false or incomplete information or failed to report a change in circumstances within ten (10) days, the participant will be advised of the possible consequences (request for repayment and/or prosecution for fraud) and asked to explain his or her actions or failure to act.
- (B) His or her explanation will be recorded in the narrative section.
- (C) When all information is recorded, the information will be referred to the appropriate supervisor or his or her designee for concurrence as to the correctness of the overpayment determination.
- (3) Field staff will refrain from making accusations of fraud to the participant.
(e) Referral to the Overpayment Unit.
(1)
- (A) All cases involving incorrect payment as described in 20 CAR § 502-1703 will be referred to the Overpayment Unit of the Department of Human Services.
- (B) The referral form will be the original DCO-199.
- (C) The appropriate sections must be completed.
(2)
- (A) If fraud is suspected, Form DHS-1700 will be submitted to the Overpayment Unit.
- (B) If the worker is unable to establish the full amount of the overpayment, Form DHS-1700 will be completed and forwarded to the Overpayment Unit.
- (C) A memorandum will be attached to the DHS-1700 detailing the worker’s efforts and explaining why they were unable to establish the overpayment.
(3)
- (A) The Overpayment Unit will register all overpayment referrals.
- (B) All cases of suspected fraud will be immediately brought to the attention of the Fraud Investigation Unit of the Department of Human Services.
- (C) The manager of the Fraud Investigation Unit, or his or her designee, will screen all overpayment referrals at least weekly and select the appropriate referrals for further investigation.
- (D) After screening, rejected referrals will be noted as to reason for rejection, and returned to the Overpayment Unit.
(4) If the case is selected for further fraud investigation, the Overpayment Unit will not pursue recovery until notification from the Fraud Investigation Unit that the case has:
- (A) Been declined for prosecution;
- (B) An agreement reached with the participant and the case is not going to court (signed agreement); or
- (C) Been adjudicated.
- (5) The stipulations of the court order will be given to the Overpayment Unit by memorandum from the Fraud Investigation Unit.
- (6) If it is found in the fraud investigation that the period of time and/or the amount of the overpayment or ineligible payment is different from the original amount submitted by the county office on the DHS-199, the Overpayment Unit will make the necessary adjustments.