N.Y. Comp. Codes R. & Regs. tit. 18 § 516.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 516.3 - Effect and enforcement of the penalty

(a)

(1) The imposition of a penalty under this Part does not preclude the recovery of an overpayment or the imposition of any other penalty authorized by Federal or State law or regulation.

(2) Notwithstanding the imposition of any penalty under this Part, the department may also sanction a person pursuant to Part 515 of this Title.

(b) Collection of penalties.

(1) When the person against whom a penalty was imposed does not pay the penalty, the department may recover the amount of the penalty in the same manner as the recovery of an overpayment as set forth in Part 518 of this Title or by any other means authorized by statute, or the rules and regulations of the department.

(2) Interest will accrue on the amount of the penalty commencing on the 90th day after the date of OMIG's notice of agency action. Interest will accrue at the rate set forth in section 518.4(c) of this Title. Interest may be waived in whole or in part when OMIG determines the imposition of interest would effect an unjust result, would unduly burden the provider or would substantially delay the prompt and efficient resolution of an outstanding audit or investigation.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 516.3

Adopted New York State Register October 21, 2020/Volume XLII, Issue 42, eff. 10/21/2020