Bill Text: HI HB1459 | 2016 | Regular Session | Introduced
Bill Title: Recovery of Public Assistance Overpayments; Maximum Recovery
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [HB1459 Detail]
Download: Hawaii-2016-HB1459-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1459 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to human services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-44, Hawaii Revised Statutes, is amended to read as follows:
"§346-44 Recovery of public assistance
overpayments. (a) All overpayments of public assistance funds,
including [but not limited to] overissuances of financial assistance, [food
stamp bonuses under a food stamp plan,] supplemental nutrition
assistance program assistance, medicaid assistance, and incorrect vendor
payments in behalf of a recipient, shall constitute a debt due and owing to the
department by the recipient of [such] the overpayments. In
addition to the remedies elsewhere prescribed in this chapter for the recovery
of assistance fraudulently obtained, recovery of all overpayments [will]
shall be made to the maximum extent allowable by federal
regulations.
(b) The department shall [promulgate]
adopt and enforce [such] rules [and regulations] consistent
with subsection (a) as may be necessary to effect the maximum recovery of
public assistance overpayments, including [but not limited to] the maximum
reduction of future public assistance grants. Departmental rules [and
regulations] for the recovery of overpayments shall prescribe procedures
for recourse to the civil courts when required, the filing of liens against the
real property of overpaid recipients, and the filing of claims against the
estate of a deceased recipient who has received overpayments [which] that
have not been recovered. Nothing in this section shall preclude the director
of human services from [promulgating] establishing procedures for
waiving the recovery of overpayments in cases of bona fide hardship or where
the costs of recovery would exceed the amount expected to be recovered."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Recovery of Public Assistance Overpayments; Maximum Recovery
Description:
Clarifies that the recovery of overissuances of supplemental nutrition assistance program assistance and for the recovery of all public assistance overpayments shall be made to the maximum extent allowable by federal regulations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
