HAR §17-1705-55. Suspension and waiver of overpayment

(a) The collection activities on a closed medical assistance case may be suspended when: (1) The department has sent one demand letter requesting payment for overpayments under $100, two demand letters for overpayments between $100 and $400, three demand letters for more than $400 and the department's investigative and recovery services office determines that the cost of further collection action is likely to exceed the amount that can be recovered; or (2) The assistance unit cannot be located. Collection activities shall not be suspended until the department has initiated action to locate the former recipients. In locating the former recipients, the department shall use appropriate data sources such as state unemployment insurance files, state automobile registration, and the Social Security Administration's benefit data exchange (BENDEX). (b) Collection activities shall not be suspended on any case where the court has ordered an individual to repay overpayments to the department. (c) An overpayment on a closed medical assistance case may be determined uncollectible and the overpayment waived when: (1) Collection activities have been suspended; and (2) No payments have been collected for at least three consecutive years; or (3) All of the members of the assistance unit have died. [Eff 08/01/94 ] (Auth: HRS §§346-14, 346-44) (Imp: HRS §346-44)