HOUSE OF REPRESENTATIVES

H.B. NO.

1892

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

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 Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

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.