NAC439.789. Recoupment of subsidy paid in error; request by enrollee for waiver or reduction of amount required to be returned.

     1. Except as otherwise provided in subsections 4 and 5, the Department will pursue all legal remedies for the collection of debt, including, without limitation, those remedies set forth in chapter 353C of NRS, to recoup a subsidy that was paid in error from the contractor or enrollee determined by the Department to be responsible for the error, including, without limitation, a subsidy that was paid:

     (a) To a contractor who was not entitled to receive payment of the subsidy;

     (b) For an enrollee whose application for a subsidy was submitted with fraudulent intent; or

     (c) For an enrollee who was otherwise not qualified to receive the subsidy.

     2. The Department will deposit all money it collects for a subsidy that was paid in error with the State Treasurer for credit to the Fund for a Healthy Nevada.

     3. The Department may offset any amount due the Department from a contractor because the contractor was not entitled to receive payment of a subsidy or was paid an amount in excess of that which he or she was entitled to receive for payment of a subsidy against any amount owing to that contractor by the Department for the payment of any subsidy.

     4. The provisions of paragraph (c) of subsection 1 do not apply if the amount of the subsidy that was paid is $100 or less.

     5. Except as otherwise provided in this subsection, if the Department determines that an enrollee has received a subsidy in an amount that is in excess of the amount which he or she was entitled to receive, the Department will recoup the amount in excess from the enrollee in accordance with this section. An enrollee may request a waiver or reduction of the amount in excess which he or she is required to return to the Department based on hardship. Such a request must be submitted in writing to the Department. The Department will consider each request for such a waiver or reduction on a case-by-case basis. The Department will not consider a request for such a waiver or reduction if the application for a subsidy which resulted in an amount in excess being received by the enrollee was submitted with fraudulent intent.

     (Added to NAC by Dep’t of Health & Human Services by R157-05, eff. 11-17-2005)