N.Y. Comp. Codes R. & Regs. tit. 9 § 9850.1
Current through Register Vol. 46, No. 45, November 2, 2024
(a) This Part establishes the procedures for the recovery of overpayments paid under the Program for Elderly Pharmaceutical Insurance Coverage, as determined by an audit of the provider's books, records, reports or other available documentation.(b) Recovery of overpayments shall be made only upon a determination by the executive director that such overpayments have been made, and recovery shall be made of all money paid to the provider to which it has no lawful right or entitlement.(c) Recovery of overpayments pursuant to this Part shall not preclude the executive director or any other authorized governmental body or agency from taking any other action with respect to the provider, including auditing or reviewing of other payments or claims for payment for the same or similar periods, imposing program sanctions, or taking any other action authorized by law.(d) The existence of procedures for the recovery of overpayments pursuant to this Part shall not preclude the executive director from utilizing other lawful means to recover overpayments, including civil lawsuit, participation in a proceeding in bankruptcy, common law setoff, or such other actions or proceedings authorized or recognized by law.N.Y. Comp. Codes R. & Regs. Tit. 9 § 9850.1