65A-1.900: Overpayment and Benefit Recovery
PURPOSE AND EFFECT: Amendment to the proposed rule aligns policies for recovery of overpayment in the public assistance programs. Technical and non-substantive changes in the rule language are included.
SUMMARY: The proposed rule amends language about who is responsible for repayment of overpayment of public assistance benefits.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 409.919, 414.41, 414.45 FS.
LAW IMPLEMENTED: 24.115(4), 414.31, 414.41 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 2, 2008, 1:30 p.m.
PLACE: 1317 Winewood Boulevard, Building 3, Room 455, Tallahassee, FL 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pat Whitford, Economic Self-Sufficiency, Telephone (850)410-3479
THE FULL TEXT OF THE PROPOSED RULE IS:
65A-1.900 Overpayment and Benefit Recovery.
The purpose of this section is to define the administrative policies applicable to the establishment and recovery of overpayment in the public assistance programs.
(1) Administrative Definitions Applicable to Overpayment and Benefit Recovery.
(a) Overpayment: The amount of public assistance received for which an individual was not entitled The term overpayment is synonymous with the term overissuance as used in 7 C.F.R. 273.18.
(b) through (g)1. No change.
2. Shelter expense will include rent or mortgage payments; taxes and insurance on the home; cost of fuel, electricity or both with which to heat, cool and cook; and the basic service fee for one telephone. These expenses will not be considered if paid by someone outside those residing together.
3. through 5. No change.
(2) Persons Responsible for Repayment of Overpayment.
(a) Persons who received AFDC and cash assistance overpayments as an adult shall be responsible for repayment of the overpayment recovered from the participant as that term is defined in Section 414.0252, F.S. Cash assistance benefits will not be paid to offset recovery prior to October 1, 2007 from individuals who were children in the overpaid assistance group.
(b) Food stamp overpayments shall be recovered from an the individuals as specified in 7 CFR 273.18 (incorporated by reference).
(c) Persons who received Medicaid overpayments as an adult shall be responsible for repayment of the overpayment recovered as required in Section 414.41, F.S.
(d) Adults who apply for and receive assistance on behalf of others if they provide inaccurate information.
(e) For the purpose of this rule, an adult is defined as:
1. Eighteen (18) years of age or older,
2. A teen parent receiving assistance for themselves as an adult,
3. An emancipated minor, or
4. An individual who has been married even if the marriage ended in divorce.
(3) through (11)(c) No change.
(d) The department will consider evidence presented timely by an individual in receipt of such notification described in paragraph (11)(9)(c) above that indicates all or part of their debt is not past-due or legally enforceable, and will make a determination as to the status of that debt prior to referral for offset. This consideration process is separate and apart from the administrative hearings appeals process and will address only the past-due status or legal enforceability of all or part of the debt.
(e) No change.
(12) The following notices, hereby incorporated by reference, are used by the department in the process of establishing and recovering overpayment: CF-ES Form 3057, 09/2006 Aug. 2001, Information Concerning Administrative Disqualification Hearings; CF-ES Form 3400, 10/96 Aug. 83, Request for Additional Information; CF-ES Form 3410, 09/2006 Aug. 2001, Waiver of Administrative Disqualification Hearing With a Program Loss; CF-ES Form 3410A, 09/2006 Aug. 2001, Waiver of Administrative Disqualification Hearing Without a Program Loss; and, CF-ES Form 3414, 03/2004 Aug. 99, Disqualification Consent Agreement. Each of these forms listed as incorporated by reference may be obtained without cost from any Benefit Recovery office or by written request to the ACCESS Florida Economic Self-Sufficiency Program Office,
Specific Authority 409.919, 414.41, 414.45 FS. Law Implemented 24.115(4), 414.31, 414.41 FS. History–New 7-21-92, Amended 1-5-93, 9-5-93, Formerly 10C-1.900, Amended 7-9-98, 4-2-00, 2-26-02, 3-18-03, 7-21-05,_________.