N.Y. Comp. Codes R. & Regs. tit. 9 § 9850.16

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

Section 9850.16 - Recovery of overpayments pending hearing

(a) Notwithstanding the provisions of subdivision (a) of section 9850.15 of this Part, the executive director may request the contractor commence recoupment of overpayments by withholding all or part of payments otherwise due the provider, upon notice to the provider and not sooner than 15 days after issuance of the final audit report.

(b) If a request for hearing shall have been timely made and the Office of Administrative Hearings is unable to schedule the hearing so that it is commenced within 90 days of receipt of such request or if the contractor is unable to proceed within 90 days, any recovery begun under this section shall be stayed pending the commencement of the hearing. If a hearing shall have been scheduled to commence within 90 days of receipt of a hearing request, any delays or adjournments to the commencement of the hearing occasioned by or attributable to the contractor shall forestall the commencement of continuation of recoupment.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9850.16