US Laws, Codes, Statutes & Cases

     248.11 Recoupment of services and equipment. 

    Subdivision 1.    Erroneous payments.  If a recipient 
 receives monetary assistance as a rehabilitation service from 
 services for the blind in excess of that to which the recipient 
 is entitled by law, State Services for the Blind shall, as soon 
 as it discovers the amount of the erroneous payment, notify the 
 recipient to return the same in accordance with rules adopted by 
 the commissioner.  Unless the recipient files an appeal under 
 section 248.07, subdivision 15, within 15 days after the notice 
 to return is personally delivered to the recipient or mailed to 
 the recipient's last known address, the determination of 
 overpayment shall be considered final.  If the recipient files a 
 timely appeal, the determination shall not be considered final 
 until the recipient's administrative appeal remedies are 
 exhausted.  State Services for the Blind may recoup overpayments 
 considered final under this subdivision by deducting the amount 
 or a part of the overpayment from future monetary assistance 
 payments to the recipient or by civil action in the name of the 
 commissioner.  Overpayments made more than three years prior to 
 discovery of the error are not recoverable under this 
 subdivision. 

    Subd. 2.    Recovery of equipment.  If a recipient 
 retains equipment to which State Services for the Blind has 
 title after the recipient's right to possess the equipment has 
 expired, State Services for the Blind shall notify the recipient 
 to return the same or execute a new lease to the equipment if 
 the equipment is still necessary to the recipient's 
 rehabilitation.  Unless the recipient returns the equipment, 
 executes and complies with a new lease to the equipment or 
 appeals under section 248.07, subdivision 15, within 15 days 
 after the notice to return is personally delivered to the 
 recipient or mailed to the recipient's last known address, State 
 Services for the Blind may institute a civil action to recover 
 the equipment or the reasonable value of the equipment. 

    HIST: 1986 c 337 s 13; 1995 c 82 s 11 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.