89 Ill. Adm. Code 125.445
Rebate Overpayments
Section 125
Section 125.445 Rebate
Overpayments
a) For purposes of this Part, a Rebate overpayment occurs in any
of the following circumstances:
1) the monthly Rebate paid was higher than the policyholder's
portion of the premium for the individuals enrolled in All Kids Rebate;
2) the monthly Rebate paid per individual was higher than the
maximum monthly amount set by the Department pursuant to Section 125.440(c)(1);
3) the Rebate was paid for an individual who was incorrectly
enrolled in All Kids Rebate due to inaccurate or untruthful information
provided on the application;
4) the Rebate was paid for a period during which the individual
was not covered by private or employer-based insurance meeting the requirements
of Section 125.400; or
5) the Rebate was paid for an eligible adult for whom an increase
in income was not reported within 10 days after the change and the family's
income exceeded the upper limit set at Section 125.200(c)(2).
b) Collection action will be initiated by the Department to
collect Rebate overpayments.
c) In cases in which the family notified the Department of the
loss of insurance of any enrolled individual or the increase of income with
respect to an eligible adult within 10 days after the change but past the date
when the Department was able to stop issuance or adjust the amount of the next
Rebate, the relevant portion of the Rebate is not an overpayment.
d) In cases in which an individual is covered by private or
employer-based insurance (regardless of whether the coverage meets the
requirements of Section 125.400) and, due to Department error, Department of
Human Services error or inaccurate information from an employer or other third
party, an individual is enrolled in Rebate that should not have been or a
Rebate payment is higher than it would have been if properly calculated based
on accurate information, no overpayment occurs, provided the amount sent in any
month does not exceed the maximum monthly amount set by the Department pursuant
to Section 125.440(c)(1).