<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 07.03.14.05" title_num="07" subtitle_num="03" chapter_num="14" heading="Recoupment Procedures.">
  <paragraph num="A.">
    <text>Local Department Action. The local department shall:</text>
    <paragraph num="(1)">
      <text>Take action to recoup an overpayment except as described in §C of this regulation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Determine the total amount to be recouped; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Set an amount to be recouped through a monthly deduction from the continuing benefit for as many months as are necessary until the overpayment is repaid.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Recoupment Amount. The recoupment may not cause the family's remaining income from all sources and savings or other liquid assets to be less than 90 percent of the allowable payment for an assistance unit of the same size with no other income.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Local Department Action with Respect to Specific Situation. The local department:</text>
    <paragraph num="(1)">
      <text>Shall handle any improper food supplement issuance in accordance with COMAR 07.03.17.53—.55;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shall refer any case in which an overpayment was made to an ineligible individual to the Maryland Department of Health for possible recovery of any overpayment of medical assistance benefits;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>May not recoup from:</text>
      <paragraph num="(a)">
        <text>Emergency Assistance to Families with Children; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Burial Assistance;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Shall recoup from Public Assistance to Adults only after the recipient fails to comply with court-ordered collection or restitution which is the result of fraud; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>May not reduce through recoupment the personal needs allowance of the Public Assistance to Adults recipient by more than 50 percent.</text>
    </paragraph>
  </paragraph>
</regulation>