635 RECOUPMENT: LEGAL ACTION (MAM)

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The Attorney General’s Office is responsible for keeping the Department of Health and Human Services (DHHS) informed about court decisions in which DHHS 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 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 DHHS 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 assistance. A court finding of innocence does not erase the existence of the overpayment.

See PART 633, RECOUPMENT OF MEDICAL ASSISTANCE, for more information.

See the Adult Assistance Manual PART 631, Recoupment of Financial Assistance, for additional information about financial assistance.