2013 Hawaii Revised Statutes
TITLE 20. SOCIAL SERVICES
346. Department of Human Services
346-59.7 Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon.

§346-59.7 Enforcement of decisions regarding medicaid overpayment recovery; judgment rendered thereon. (a) The director may file in the circuit court in the jurisdiction in which the medicaid overpayment occurred a certified copy of:

(1) A decision of the director assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor;

(2) A decision of the director assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the director, the administrative appeals officer, or the court that the appeal shall operate as a supersedeas or stay;

(3) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which no appeal has been taken within the time allowed therefor; or

(4) A decision of the administrative appeals officer assessing a medicaid overpayment against a provider from which an appeal has been taken but in which no order has been made by the administrative appeals officer or the court that the appeal shall operate as a supersedeas or stay.

The court shall render a judgment in accordance with the decision and notify the parties thereof. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal therefrom.

(b) In all cases in which an appeal from the decision has been taken within the time provided, but in which the director, the administrative appeals officer, or the court has not issued an order that the appeal shall operate as a supersedeas or stay, the decree or judgment of the circuit court shall provide that the decree or judgment shall become void if the decision or award of the director or administrative appeals officer, as the case may be is later set aside.

(c) As used in this section, the term "administrative appeals officer" means the director's designated subordinate appointed to contested case hearings pursuant to chapter 91, and this chapter. [L 1998, c 293, §2]