|
| | | An Act To Ensure Compliance with Federal Medicaid |
|
| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 22 MRSA §13, sub-§6, as enacted by PL 2003, c. 419, §1, is | | amended to read: |
|
| | | 6. Limitation on actions to recover overpayments. The | | department may impose a sanction or withhold payment from a | | MaineCare provider in order to recover or impose penalties for an | | overpayment for services rendered or goods delivered under the | | MaineCare program as provided in this subsection. |
|
| | | A. The department may impose a sanction or withhold payment | | when the department has obtained an order from Superior | | Court allowing interim sanctions upon showing a substantial | likelihood that overpayment or | | that substantial harm to the department will result from | | further delay or when the department has taken final agency | | action and the provider has waived or exhausted its right to | | judicial review. |
|
| | | B. Notwithstanding paragraph A, the department may | | terminate or suspend the participation of a provider in the | | MaineCare program in lieu of recoupment pending final | | determination regarding an overpayment as long as 30 days' | | notice is given pursuant to federal regulation and state | | rule. |
|
|
