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Chapter 248
Section 248.11
Topics
Recent History
- 1995 248.11 Amended 1995 c 82 s 11
This is an historical version of this statute chapter. Also view the most recent published version.
248.11 RECOUPMENT OF SERVICES AND EQUIPMENT.
Subdivision 1. Erroneous payments. If a recipient receives monetary assistance as a
rehabilitation service from services for the blind in excess of that to which the recipient is
entitled by law, State Services for the Blind shall, as soon as it discovers the amount of the
erroneous payment, notify the recipient to return the same in accordance with rules adopted by
the commissioner. Unless the recipient files an appeal under section 248.07, subdivision 15,
within 15 days after the notice to return is personally delivered to the recipient or mailed to
the recipient's last known address, the determination of overpayment shall be considered final.
If the recipient files a timely appeal, the determination shall not be considered final until the
recipient's administrative appeal remedies are exhausted. State Services for the Blind may recoup
overpayments considered final under this subdivision by deducting the amount or a part of the
overpayment from future monetary assistance payments to the recipient or by civil action in the
name of the commissioner. Overpayments made more than three years prior to discovery of the
error are not recoverable under this subdivision.
Subd. 2. Recovery of equipment. If a recipient retains equipment to which State Services for
the Blind has title after the recipient's right to possess the equipment has expired, State Services
for the Blind shall notify the recipient to return the same or execute a new lease to the equipment
if the equipment is still necessary to the recipient's rehabilitation. Unless the recipient returns the
equipment, executes and complies with a new lease to the equipment or appeals under section
248.07, subdivision 15, within 15 days after the notice to return is personally delivered to the
recipient or mailed to the recipient's last known address, State Services for the Blind may institute
a civil action to recover the equipment or the reasonable value of the equipment.
History: 1986 c 337 s 13; 1995 c 82 s 11
Subdivision 1. Erroneous payments. If a recipient receives monetary assistance as a
rehabilitation service from services for the blind in excess of that to which the recipient is
entitled by law, State Services for the Blind shall, as soon as it discovers the amount of the
erroneous payment, notify the recipient to return the same in accordance with rules adopted by
the commissioner. Unless the recipient files an appeal under section 248.07, subdivision 15,
within 15 days after the notice to return is personally delivered to the recipient or mailed to
the recipient's last known address, the determination of overpayment shall be considered final.
If the recipient files a timely appeal, the determination shall not be considered final until the
recipient's administrative appeal remedies are exhausted. State Services for the Blind may recoup
overpayments considered final under this subdivision by deducting the amount or a part of the
overpayment from future monetary assistance payments to the recipient or by civil action in the
name of the commissioner. Overpayments made more than three years prior to discovery of the
error are not recoverable under this subdivision.
Subd. 2. Recovery of equipment. If a recipient retains equipment to which State Services for
the Blind has title after the recipient's right to possess the equipment has expired, State Services
for the Blind shall notify the recipient to return the same or execute a new lease to the equipment
if the equipment is still necessary to the recipient's rehabilitation. Unless the recipient returns the
equipment, executes and complies with a new lease to the equipment or appeals under section
248.07, subdivision 15, within 15 days after the notice to return is personally delivered to the
recipient or mailed to the recipient's last known address, State Services for the Blind may institute
a civil action to recover the equipment or the reasonable value of the equipment.
History: 1986 c 337 s 13; 1995 c 82 s 11
Official Publication of the State of Minnesota
Revisor of Statutes