Or. Admin. R. 177-010-0094 - Overpayments Recovery Validation Check

The Lottery will use the following procedures as part of the validation process before paying any portion of a Lottery prize in excess of $600. These procedures are in addition to any other procedures set forth in OAR Chapter 177, including the child support validation check contained in OAR 177-010-0090.

(1) Database: The Lottery shall work with the Department of Human Services and the Oregon Health Authority to establish and operate a data match system using automated data exchanges with the Department of Human Services and the Oregon Health Authority that identifies persons that have received an overpayment of assistance for which a final order for overpayment has been issued by the Department of Human Services or the Oregon Health Authority under ORS Chapter 183. Any information necessary to identify the person and hold a payment on a Lottery prize must be available to the Lottery's central computer system through the data match system.

(2) Searching the Database: When a Lottery ticket or share is presented at the Lottery for payment for a prize that is in excess of $600, or when a prize winner claims any other prize payment at the Lottery that is in excess of $600, the Lottery shall enter the prize claimant's name, social security number, and any other available identifying information into the Lottery's central computer system. The computer shall search the database containing the names of the persons that have received an overpayment of assistance as described in section (1) of this rule for a possible match.

(3) 30 Day Hold: When a claimant is listed in the database, the Lottery will place a 30-day hold on any prize payment to the claimant. The Lottery will inform the claimant of the hold, notify the Department of Human Services or the Oregon Health Authority that a recipient of an overpayment of assistance has won a Lottery prize in excess of $600 or is entitled to payment in excess of $600 on a Lottery prize.

(a) If Lottery has questions concerning a match, Lottery will confirm the match with the Department of Human Services or the Oregon Health Authority before proceeding. If the department or the authority confirms that the claimant is the obligor on an overpayment of assistance, Lottery will proceed as provided herein.

(4) Garnishment: If the Lottery receives a notice or writ of garnishment under ORS 18.600 to 18.857 within the 30-day hold period, the Lottery must continue to hold any payment to the claimant pending disposition of the garnishment. Thereafter, the Lottery shall make payment to the garnishor. If the prize claim exceeds the amount of the garnishment, the Lottery will pay the claimant the balance remaining after deduction of the garnishment and applicable taxes. If the garnishment exceeds the amount of the prize claim, the Lottery will inform the claimant that the entire amount of the prize claim was used to respond to the garnishment.

(5) Payment of Prize: If a garnishment is not received within the 30-day hold period, the Lottery shall pay the prize to the claimant at the end of the 30-day hold period or when the Department of Human Services or the Oregon Health Authority notifies the Lottery that a garnishment will not be issued, whichever is sooner.

(6) Voluntary Release: Nothing in this section is intended to prevent a prize claimant from voluntarily releasing payment of all or any portion of the claimant's prize towards payment of the claimant's overpayment of assistance.

(7) Priorities: If the Lottery receives multiple garnishments against the same claimant while it is holding the prize claim, it will honor the garnishments in the order that they were received pursuant to ORS 18.627(1), provided however that payment of any past-due child support under OAR 177-010-0090 has priority over the recovery of any overpayment of assistance from a Lottery prize under this rule.

(8) Definitions: As used herein,

(a) "Assistance" includes:

(A) Medical assistance as defined in ORS 414.025.

(B) Public assistance as defined in ORS 411.010.

(C) Supplemental nutrition assistance provided under ORS 411.806 to 411.845.

(D) Any other benefit, aid, or assistance for which the Department of Human Services or the Oregon Health Authority is authorized to issue a final order for an overpayment under ORS Chapter 183.

(b) "Garnishor" means:

(A) The creditor, if the writ of garnishment is issued by a court administrator.

(B) The person or entity that issued the notice or writ of garnishment, if the garnishment was issued by any person other than a court administrator.

Notes

Or. Admin. R. 177-010-0094

LOTT 4-2015, f. 12-18-15, cert. ef. 1/1/2016

Stat. Auth.: ORS Ch. 461

Stats. Implemented: ORS 461, 2015 OL Ch. 711