DEPARTMENT OF CHILDREN AND FAMILIES
Economic Self-Sufficiency Program
RULE NO.:RULE TITLE:
65A-1.900Overpayment and Benefit Recovery
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 246, December 21, 2016 issue of the Florida Administrative Register.
65A-1.900 Overpayment and Benefit Recovery.
This section sets forth the administrative policies applicable to the establishment and recovery of overpayments in the food assistance and cash assistance programs.
(1) Administrative Definitions Applicable to Overpayment and Benefit Recovery.
(a) through (c) No change.
(d) Intentional Program Violation (IPV) or fraud, is defined pursuant to section 414.39(1), (2) and (4), F.S., 7 C.F.R. §273.16(c) and 45 C.F.R. §235.110(a)(2). 7 C.F.R. §273.16(2016) and 45 C.F.R. §235.110(2016) are incorporated by reference and may be obtained by contacting the Office of Public Benefits of Integrity, Department of Children and Families, 1317 Winewood Blvd, Tallahassee, Florida 32399.
(e) through (g) No change.
(h) Refusal to Repay, occurs when the individual responsible for repayment:
1. Received notification of the overpayment or request for Voluntary Repayment Agreement as specified in subsection (8) and subsequently:
a. Fails to comply with the time frames as set forth in paragraph (8)(c)(d);
b. through c. No change.
(i) Notification, for purposes of this rule, is any correspondence from the Department that advises an individual or assistance group of the status of an overpayment. Any notification will be in compliance with 7 C.F.R. §273.18(e)(3). 7 C.F.R. §273.18(2016) is incorporated by reference and may be obtained by contacting the Office of Public Benefits of Integrity, Department of Children and Families, 1317 Winewood Blvd, Tallahassee, Florida 32399.
(j) Extreme hardship policy, only to cash assistance agency errors and occurs when monthly expenses for basic maintenance needs exceed monthly income. Expenses taken into account include food, shelter, medical, transportation, clothing and personal and household incidentals, child or adult care and court ordered child support payments. Any expenses paid by someone outside the household are not used. The Department requires verification documentation for all extreme hardships. if it considers reported items excessive.
1. through 7. No change.
(2) through (3) No change.
(4) Methods of Repayment.
(a) The methods of repayment of cash assistance overpayment are as follows:
1. As specified in 45 C.F.R. § 233.20(a)(13). 45 C.F.R. § 233.20(2016) is incorporated by reference and may be obtained by contacting the Office of Public Benefits of Integrity, Department of Children and Families, 1317 Winewood Blvd, Tallahassee, Florida 32399; or
2. No change.
(b) The method of repayment of all food assistance overpayments will be as specified in 7 C.F.R. § 273.18(f)-(g).
(c) No change.
(5) through (7) No change.
(8) Notification of Overpayment. The Department must notify the individuals or assistance groups responsible for repayment of overpayment in writing that overpayment exists and that they are required, by law, to repay the entire amount pursuant to section 414.41(1), F.S., or that they may seek compromise of a food assistance overpayment pursuant to 7 C.F.R. § 273.18(e)(3)(2016), and (7) incorporated by reference.
(a) through (c)
(9) No change.
(10) Determination of Intentional Program Violation.
(a) Pursuant to Ssections 414.33, 414.36 and 414.39, F.S., when the Department has information that an individual or assistance group has committed fraud or an IPV, it will refer the case to the Department of Financial Services, Division of Public Assistance Fraud (DPAF) for investigation. In cases where DPAF determines that an individual has committed fraud in the cash assistance or Food Assistance Programs, it will pursue a determination of IPV through either court action, administrative disqualification hearing, or both, where permitted by 7 C.F.R. § 273.16(a), 45 C.F.R. § 235.110 and section 414.41, F.S. DPAF will pursue a determination of IPV through court action in instances where it determines that an individual has committed fraud in the Medicaid Program.
(b) Individuals found by an administrative fair hearing officer or court to have committed an act of IPV while receiving, or attempting to receive, food assistance, cash assistance, or both, will be disqualified from participation in the program(s) under which that act was committed or attempted in accordance with 7 C.F.R. § 273.16(b) (2016)(2010), incorporated by reference or section 414.41, F.S.
(11) Treasury Offset Program.
(a) The Department will refer individuals who owe past-due, legally enforceable federal food assistance overpayment debts to the U.S. Department of the Treasury for purposes of collection of such debt through offset against federal payments pursuant to 26 U.S.C. § 6402 (d)(1)-(2) and (f). Referral of individuals owing such debt will be completed in accordance with procedures and criteria contained in 26 C.F.R. § 301.6402-6 and 31 C.F.R. Part 5 Subpart C et. seq., as provided for in 7 C.F.R. § 3.46. 26 U.S.C. § 6402 (2016), 26 C.F.R. § 301.6402-6 (2016), 31 C.F.R. Part 5 Subpart C (2016) and 7 C.F.R. § 3.46 (2016) are incorporated by reference and may be obtained by contacting the Office of Public Benefits of Integrity, Department of Children and Families, 1317 Winewood Blvd, Tallahassee, Florida 32399.
(b) through (e) No change.
(12) The following forms, incorporated by reference, are used by the Department in the process of establishing and recovering overpayment:
(a) through (g) No change.
(h) Notice of Case Action, CF-ES,
1. BVFSOI, 12/2010
2. BVFSOE, 12/2010
3. BVCAOP, 12/2008
4. BVMAOP, 12/2008
5. BVPFBI, 12/2008
6. BVPFBE, 12/2008
7. BVPCBL, 12/2008
8. BVPMBL, 12/2008
9. BV06D5, 12/2008
10. BV10D5, 12/2008
11. BV06D6, 12/2008
12. BV10D6, 12/2008
13. BV06D9, 12/2008
14. BV10D9, 12/2008
15. BV06DF, 12/2008
16. BV10DF, 12/2008
17. BV06DA, 12/2008
18. BV10DA, 12/2008
19. BV06DG, 12/2008
20. BV10DG, 12/2008
21. BV06DB, 12/2008
22. BV10DB, 12/2008
23. BV06DH, 12/2008
24 BV10DH, 12/2008
25 BV11OH, 12/2008
26. BV11OD, 12/2008
BVRPON,
27. BVEBBL, 12/2008
28. BV12OS, 12/2008;
(i) Payroll Deduction Agreement;
(i) through (j) No change.
Copies of the forms and materials incorporated by reference are available from the ACCESS Florida Office of Public Benefits Integrity Headquarters Office, 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s web site at http://www.dcf.state.fl.us/dcfforms/Search/DCFFormSearch.aspx.
Rulemaking Authority 414.41, 414.45 FS. Law Implemented 414.31, 414.36, 414.41 FS. History–New 7-21-92, Amended 1-5-93, 9-5-93, Formerly 10C-1.900, Amended 7-9-98, 4-2-00, 2-26-02, 3-18-03, 7-21-05, 1-19-09, 6-21-10, -16.
