625 RECOUPMENT: LEGAL ACTION SR 94-04, 04/94 (FAM-A)

Pursue recoupment whether or not a fraud referral is pending, under investigation or prosecution by the OSI or the Attorney General, unless instructed otherwise. The Attorney General’s office is responsible for keeping the Department informed about court decisions in which the Department has an interest.

The following applies 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.

• If the individual is fined and/or imprisoned and no repayment is ordered by the court,

- pursue recoupment of financial assistance. See Section 621, Recoupment/Repayment Of Assistance. Failure of the court to order repayment does not prevent DFA from pursuing recoupment action on its own, unless expressly prohibited by court order.

The following applies if criminal proceedings are brought against the individual and a not guilty verdict rendered.

• Pursue recoupment of financial assistance. See Section 621 , Recoupment/Repayment Of Assistance. The court determined the individual is not guilty of committing a criminal act. The verdict may not relate to whether an overpayment has been made or whether repayment to DFA is required. A court finding of innocence does not erase the existence of the overpayment or the individual’s responsibility for repayment.

Medical assistance cannot be recouped unless the Superior Court orders a recoupment.