California Welfare and Institutions Code

§ 14172.5

WIC § 14172.5 Effective Jan 1, 2004Div. 9 · Part 3 · Ch. 7 · Art. 5.3

Statute text

(a)No later than 60 days after the completion of an audit or examination pursuant to Sections 10722 and 14170, the department shall issue the first statement of account status or demand for repayment.

(b)(1) Notwithstanding the provisions of Section 14172 or any other law, when it is established that an overpayment has been made to a provider or a civil money penalty assessed pursuant to Section 14123.2, 14123.25, 14171.5, or 14171.6 is due from a provider, the department shall not begin liquidation of the overpayment until 60 days after issuance of the first statement of accountability or demand for repayment after issuance of the audit or examination report establishing the overpayment or the document establishing the penalty. The department shall pursue liquidation of the overpayment or penalty upon expiration of the 60-day period. If the department finds, upon appeal, that no overpayment was made to, or no penalty is due from, the provider, the department shall repay the amount collected, together with the payment of interest thereon, from the date occurring 60 days after issuance of the first statement of accountability or demand for repayment after issuance of the audit or examination report alleging the overpayment or the document establishing the penalty.

(2)This subdivision shall not be construed so as to affect the department’s authority under other provisions of law for liquidation of overpayments to providers.

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Legislative history

Amended by Stats. 2003, Ch. 601, Sec. 17. Effective January 1, 2004.