If medical assistance is paid on behalf of an individual and the department subsequently finds that the individual was ineligible for the medical assistance benefits paid, the department considers that the medical benefit was paid in error. A benefit paid in error constitutes a debt to and is subject to recovery from the individual by the department according to the provisions and limits of this chapter.

f⨪

Source: 25 SDR 141, effective May 20, 1999.

General Authority: SDCL 28-6-1(4).

Law Implemented: SDCL 28-6-1(4).