89 Ill. Adm. Code 1400.140.1310
Recovery of Money
TITLE 89: SOCIAL SERVICES
CHAPTER I: DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
SUBCHAPTER d: MEDICAL PROGRAMS
PART 140 MEDICAL PAYMENT
SECTION 140.1310 RECOVERY OF MONEY
Section 140.1310 Recovery of Money
a) The Department shall recover any and all
State and federal monies that the Director, by his or her final administrative
decision, has determined were improperly and erroneously paid by:
1) direct payment to the Department;
2) recoupment from any future assistance
provided by the State pursuant to 305 ILCS 5/11-14.5, provided that the
recoupment from the future assistance is the greater of either 20 percent of
the household's monthly benefit amount or $20;
3) recoupment from SNAP benefits pursuant to
305 ILCS 5/11-14.5, provided that the recoupment from the SNAP benefits is the
greater of either 20 percent of the household's monthly benefit amount or $20;
4) initiation of wage garnishment proceedings;
5) referral of the overpayment to a private
collection agency for collection;
6) referral of the overpayment to the
Comptroller of the State of Illinois for collection under Section 10.5 of the
State Comptroller Act [15 ILCS 405/10.5];
7) initiation of proceedings to obtain a civil
judgment under Section 8A-7 of the Illinois Public Aid Code [305 ILCS 5/8A-7];
8) referral of the overpayment to the Treasury
Offset Program for deduction of the debt from tax refunds and/or other federal
warrants in accordance with federal regulations (see 7 CFR 272-273); or
9) any legal means consistent with State and
federal law.
b) The Department may recover interest, at the
rate, and accruing as, stated in 89 Ill. Adm. Code 104.930(b), on State and
federal monies that the Director, by his or her final administrative decision,
has determined were improperly and erroneously paid to, or on behalf of, any
person who knowingly:
1) uses, acquires, possesses or transfers a
medical card in any manner not authorized by law or by rules of the Department;
2) aids, abets, incites, compels or coerces
the use, acquisition, possession or transfer of a medical card in any manner
not authorized by law or by rules of the Department;
3) alters a medical card;
4) uses, acquires, possesses or transfers an
altered medical card;
5) obtains unauthorized medical benefits with
or without the use of a medical card; or
6) causes to be presented to the Department a
claim for unauthorized medical benefits.