Current through Register Vol. 61, No. 4, April 1, 2022
section specifies when and how the Department may compromise an
(see OAR 461-195-0501
(a) The Department may consider a request to
compromise an overpayment claim only if the estimated
administration and collection costs necessary to collect the account in full
likely exceed the current balance of the
The following limitations apply to the compromise of an
authority of the Department to compromise may be limited by federal or state
The Department may
compromise a claim only once it is a liquidated claim
(C) The Department
may compromise a claim only if the requester has made a good faith effort to
repay the overpayment.
The Department may not compromise:
(i) A fraud overpayment
(ii) Any overpayment
claim, unless 36 months have passed since the requester initially was
notified of the overpayment;
(iii) An overpayment claim
if the debtor has the ability to repay the overpayment in full within 36 months
of the request date.
overpayment claim for less than 75 percent of the total amount
of the claim.
claim if the debtor is a member, currently or in
the previous 12 months, of a filing group or HSD medical programs
eligibility determination group
(see OAR 410-200-0015
received benefits under the program in which the overpayment
(vi) A child care
provider overpayment claim if the provider, currently or in
the previous 12 months, received a direct provider payment for child care under
division 165 of this chapter of rules.
(c) The Department may allow a compromised
claim to be paid in installments over a period not to exceed 90 days.
During the 12 months following the date
of the compromise agreement, the Department reserves the right to collect the
original unmitigated claim through benefit reduction under OAR
Department may adjust a medical assistance overpayment
of April 21, 2021, was a liquidated claim
, as follows:
The liquidated claim
be adjusted so that on or after September 1, 2021 the balance owed is $0.00,
(A) A fraud
(B) An overpayment claim
caused by receipt of continuing benefits in a contested case, or
(C) A medical assistance provider
(b) The Department may retain payments
received before September 1, 2021.
Or. Admin. R.
AFS 34-2000, f. 12-22-00,
cert. ef. 1-1-01; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 10-2006, f.
6-30-06, cert. ef. 7-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru
3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 38-2009, f. 12-31-09,
cert. ef. 1-1-10; SSP 36-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14;
SSP 9-2014, f. & cert. ef. 4-1-14;
27-2021, amend filed 03/24/2021, effective
78-2021, temporary amend filed 12/22/2021, effective
12/22/2021 through 6/19/2022;
29-2022, amend filed 02/24/2022, effective
Statutory/Other Authority: ORS
2013 HB 2089 Sect. 10 & 409.040
Statutes/Other Implemented: ORS