HAR §17-1705-53. Recovery of misspent funds

(a) Individuals subject to recovery of misspent funds under the medical assistance program shall be provided written notice by the department stating: (1) The reasons, date, and the amount of the alleged misspent funds; (2) Proposed amount to be repaid each month; (3) Period over which the repayment shall be made; (4) Method by which the proposed overpayment shall be recovered; and (5) The right to request a hearing if the individual disagrees with the department's proposed action. (b) The department may refer an individual to the comptroller of the State to recover overpayments from the individual's personal income tax refund when: (1) There is a repayment plan initiated against the individual; (2) The individual is delinquent in repayment; and (3) The amount owed by the individual exceeds $25. (c) The department may place a lien on the real and personal property of an individual subject to recovery of misspent medical assistance funds. Any lien imposed with respect to this subsection shall be dissolved upon the individual's payment of the misspent funds. [Eff 08/01/94; am 11/25/96 ] (Auth: HRS §§231-51, 231-53, 346-14) (Imp: HRS §346-44) UNOFFICIAL 1705-17