1. A. Local Department Action. The local department shall:

   1. (1) Take action to recoup an overpayment except as described in §C of this regulation;
   2. (2) Determine the total amount to be recouped; and
   3. (3) Set an amount to be recouped through a monthly deduction from the continuing benefit for as many months as are necessary until the overpayment is repaid.
2. B. Recoupment Amount. The recoupment may not cause the family's remaining income from all sources and savings or other liquid assets to be less than 90 percent of the allowable payment for an assistance unit of the same size with no other income.

3. C. Local Department Action with Respect to Specific Situation. The local department:

   1. (1) Shall handle any improper food supplement issuance in accordance with COMAR 07.03.17.53—.55;
   2. (2) Shall refer any case in which an overpayment was made to an ineligible individual to the Maryland Department of Health for possible recovery of any overpayment of medical assistance benefits;

   3. (3) May not recoup from:

      1. (a) Emergency Assistance to Families with Children; or
      2. (b) Burial Assistance;
   4. (4) Shall recoup from Public Assistance to Adults only after the recipient fails to comply with court-ordered collection or restitution which is the result of fraud; and
   5. (5) May not reduce through recoupment the personal needs allowance of the Public Assistance to Adults recipient by more than 50 percent.

Authority: Human Services Article §§4-207, 4-303, 5-207, and 5-607, Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference 45 CFR 233.20(a)(12))

Effective date: January 18, 1982 (9:1 Md. R. 19)

Regulation .01B amended effective May 23, 1983 (10:10 Md. R. 872); March 23, 1987 (14:6 Md. R. 713)

Regulations .02, .03C, and .05A, C amended effective May 23, 1983 (10:10 Md. R. 872)

Regulation .03E adopted effective July 25, 1988 (15:15 Md. R. 1808)

Regulation .05 amended effective March 23, 1987 (14:6 Md. R. 713); April 12, 1993 (20:7 Md. R. 640); October 1, 1996 (23:18 Md. R. 1315)

Chapter revised effective October 29, 2001 (28:21 Md. R. 1854)

Regulation .04 amended effective April 28, 2014 (41:8 Md. R. 469)

Regulation .05C amended effective August 16, 2004 (31:16 Md. R. 1253); April 28, 2014 (41:8 Md. R. 469)