§346-44  Recovery of public assistanceoverpayments.  All overpayments of public assistance funds, including butnot limited to overissuances of financial assistance, food stamp bonuses undera food stamp plan, medicaid assistance, and incorrect vendor payments in behalfof a recipient, shall constitute a debt due and owing to the department by therecipient of such overpayments.  In addition to the remedies elsewhereprescribed in this chapter for the recovery of assistance fraudulentlyobtained, recovery of all overpayments will be made to the extent allowable byfederal regulations.

The department shall promulgate and enforcesuch rules and regulations as may be necessary to effect the maximum recoveryof public assistance overpayments, including but not limited to the reductionof future public assistance grants.  Departmental rules and regulations for therecovery of overpayments shall prescribe procedures for recourse to the civilcourts when required, the filing of liens against the real property of overpaidrecipients, and the filing of claims against the estate of a deceased recipientwho has received overpayments which have not been recovered.  Nothing in thissection shall preclude the director of human services from promulgatingprocedures for waiving the recovery of overpayments in cases of bona fidehardship or where the costs of recovery would exceed the amount expected to berecovered. [L 1979, c 63, §1; am L 1987, c 339, §4]