Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 601.144. Treatment of overpayments.

§ 601.144. Treatment of overpayments.

 (a)  If an overpayment occurs because of suspected fraud, client error or client misrepresentation, the Department will refer the overpayment for collection or prosecution to the Office of Fraud and Abuse Investigation and Recovery (OFAIR) in accordance with procedures under Chapter 255 (relating to restitution).

 (b)  If a vendor has received an overpayment of LIHEAP funds, the Department will take progressive steps, if necessary, to seek repayment of the funds as follows:

   (1)  The Department will notify the vendor of the overpayment by telephone to request repayment within 10 days of the telephone call.

   (2)  If, after 10 days of the telephone call, the vendor fails or refuses to repay the Department for the overpayment, the Department will send a written notice to the vendor requesting restitution.

   (3)  If, after 10 days from the date of the written notice, the Department has still not received restitution from the vendor, the Department will send the vendor a notice by certified mail. This notice will inform the vendor that unless restitution is paid within 10 days, the Department will remove the vendor from the list of participating LIHEAP vendors and will refer the overpayment to OFAIR for collection.

   (4)  If, after 10 days from the date of the notice by certified mail, the vendor fails to return the funds, the Department will remove the vendor from the list of participating vendors and refer the overpayment to the Department’s OFAIR for investigation and collection.

Source

   The provisions of this §  601.144 adopted June 3, 1988, effective upon publication and applies retroactively to October 15, 1987, 18 Pa.B. 2518.



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