Section R9-22-713. Overpayment and Recovery of Indebtedness

A.      If a contractor or a subcontracting provider receives an over- payment from the Administration or otherwise becomes indebted to the Administration, the contractor or subcontract- ing provider shall immediately remit the amount of the indebt- edness or overpayment to the Administration for deposit in the AHCCCS fund.

B.       If the funds described in subsection (A) are not remitted, the Administration may recover the funds paid by the Administra- tion to a contractor or subcontracting provider through:

1.        A repayment agreement executed with the Administra- tion;

2.        Withholding or offsetting against current or future pay- ments to be paid to the contractor or subcontracting pro- vider; or

3.        Enforcement of, or collection against, the performance bond, financial reserve, or other financial security under

A.R.S. § 36-2903.

Historical Note

Adopted as an emergency effective February 23, 1983, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-1). Adopted as a permanent rule effective May 16, 1983; text of adopted rule identical to the emergency (Supp. 83-3). Former Section R9-22-713 repealed, new

Section R9-22-713 adopted effective October 1, 1983 (Supp. 83-5). Former Section R9-22-713 renumbered and amended as Section R9-22-714, former Section R9-22- 709 renumbered and amended as Section R9-22-713 effective October 1, 1985 (Supp. 85-5). Amended by final

rulemaking at 8 A.A.R. 3317, effective July 15, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R.

856, effective May 5, 2007 (Supp. 07-1).