249A.43 Provider overpayment — notice — judgment.
1. Any overpayment to a provider under this chapter shall become a judgment against the provider, by operation of law, ninety days after a notice of overpayment is personally served upon the enrolled provider as required in the Iowa rules of civil procedure or by certified mail, return receipt requested, by the director or the attorney general or, if applicable, upon exhaustion of the provider’s administrative and judicial review remedies under
441 IAC ch. 7
or chapter 17A, whichever is later. The judgment is entitled to full faith and credit in all states.
2. The notice of overpayment shall include the amount and cause of the overpayment, the provider’s appeal rights, and a disclaimer that a judgment may be established if an appeal is not timely filed or if an appeal is filed and at the conclusion of the administrative process under chapter 17A a determination is made that there is an overpayment.
3. An affidavit of service of a notice of entry of judgment shall be made by first class mail at the address where the debtor was served with the notice of overpayment. Service is completed upon mailing as specified in this subsection.
4. On or after the date an unpaid overpayment becomes a judgment by operation of law, the director or the attorney general may file all of the following with the district court:
a. A statement identifying, or a copy of, the notice of overpayment.
b. Proof of service of the notice of overpayment.
c. An affidavit of default, stating the full name, occupation, place of residence, and last known post office address of the debtor; the name and post office address of the department; the date or dates the overpayment was incurred; the program under which the debtor was overpaid; and the total amount of the judgment.
5. Nothing in this section shall be construed to impede or restrict alternative methods of recovery of the overpayments specified in this section or of overpayments which do not meet the requirements of this section.
2013 Acts, ch 24, §7; 2013 Acts, ch 140, §59
Structure Iowa Code
Chapter 249A - MEDICAL ASSISTANCE
Section 249A.3A - Medical assistance — all income-eligible children.
Section 249A.4 - Duties of director.
Section 249A.4A - Garnishment.
Section 249A.4B - Medical assistance advisory council.
Section 249A.5 - Recovery of payment.
Section 249A.6 - Assignment — lien.
Section 249A.6A - Restitution.
Section 249A.7 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.8 - Fraudulent practice.
Section 249A.11 - Payment for patient care segregated.
Section 249A.12 - Assistance to persons with an intellectual disability.
Section 249A.14 - County attorney to enforce.
Section 249A.15 - Licensed psychologists eligible for payment — provisional licensees.
Section 249A.15B - Speech pathologists eligible for payment.
Section 249A.16 - New rates for services — effective date.
Section 249A.17 - Transitional medical assistance.
Section 249A.18A - Resident assessment.
Section 249A.19 - Health care facilities — penalty.
Section 249A.20 - Noninstitutional health providers — reimbursement.
Section 249A.20A - Preferred drug list program.
Section 249A.20B - Nursing facility quality assurance assessment.
Section 249A.24 - Iowa medical assistance drug utilization review commission — created.
Section 249A.27 - Indemnity for case management and disallowed costs.
Section 249A.29 - Home and community-based services waiver providers — records checks.
Section 249A.30A - Medical assistance — personal needs allowance.
Section 249A.32A - Home and community-based services waivers — limitations.
Section 249A.32B - Early and periodic screening, diagnosis, and treatment funding.
Section 249A.33 - Pharmaceutical settlement account — medical assistance program.
Section 249A.34 - Medical assistance crisis intervention team.
Section 249A.36 - Medical assistance quality improvement council.
Section 249A.37 - Health care information sharing.
Section 249A.38 - Inmates of public institutions — suspension of medical assistance.
Section 249A.39 - Reporting of overpayment.
Section 249A.40 - Involuntarily dissolved providers — overpayments or incorrect payments.
Section 249A.41 - Overpayment — interest.
Section 249A.42 - Overpayment — limitations periods.
Section 249A.43 - Provider overpayment — notice — judgment.
Section 249A.44 - Overpayment — emergency relief.
Section 249A.45 - Provider’s third-party submissions.
Section 249A.46 - Liability of other persons — repayment of claims.
Section 249A.48 - Temporary moratoria.
Section 249A.49 - Internet site — providers found in violation of medical assistance program.
Section 249A.50 - Fraudulent practices — investigations and audits — Medicaid fraud fund.
Section 249A.51 - Fraudulent practice.
Section 249A.52 - Garnishment.
Section 249A.53 - Recovery of payment.
Section 249A.54 - Assignment — lien.
Section 249A.55 - Restitution.