625 RECOUPMENT: LEGAL ACTION SR 05-21, 09/05 (FAM-A)

*The Attorney General’s office is responsible for keeping the Department informed about court decisions in which the Department has an interest.

If criminal proceedings are brought against the individual and a guilty verdict is rendered:

• follow the court order on the method and schedule of repayment; or

• pursue recoupment of financial and/or medical assistance if the individual is fined and/or imprisoned and no repayment is ordered by the court. Failure of the court to order repayment does not prevent DFA from pursuing recoupment action on its own, unless expressly prohibited by court order.

If criminal proceedings are brought against the individual and a not guilty verdict rendered, pursue recoupment of financial and/or medical assistance. * A court finding of innocence does not erase the existence of the overpayment or the individual’s responsibility for repayment.

See Section 621 , Recoupment/Repayment Of Assistance, and PART 623, RECOUPMENT OF MEDICAL ASSISTANCE, for more information.