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7 AAC 100.910. Recovery of Medicaid expenditures. (a) The department will issue a written recovery notice to an individual, and will seek to recover Medicaid expenditures from that individual, if Medicaid expenditures are made on behalf of that individual and that individual
(1) is determined under 7 AAC 100.912, to have
(A) committed an intentional program violation that resulted in Medicaid expenditures for health care services to which the individual was not entitled;
(B) committed program abuse that resulted in misuse or overuse of Medicaid benefits; or
(C) engaged in conduct
(i)giving rise to an offense under AS 11, AS 17.30.080, or…#
(i) giving rise to an offense under AS 11, AS 17.30.080, or AS 47.05.210 for which the individual was convicted; and
(ii)related to obtaining Medicaid benefits;#
(ii) related to obtaining Medicaid benefits;
(2) has waived a hearing available under 7 AAC 100.912(a)(2) or (b)(2);
(3) has signed a disqualification consent agreement, confirmed by a court, in which the individual admits committing an intentional program violation or program abuse, and agrees to being disqualified to receive Medicaid benefits; or
(4) received continued benefits pending a hearing under 7 AAC 49 and the hearing decision upheld the original denial or case closure. (b) In a recovery notice issued under (a) of this section, the department will notify the individual of
(1) the finding of the court or hearing authority;
(2) the total Medicaid expenditures made on behalf of the individual and for which the department seeks reimbursement;
(3) the amount of repayment that is required; and
(4) the need to schedule a meeting with the department to negotiate a repayment schedule. (c) The department will issue a notice of noncompliance to an individual who has received a recovery notice, and who fails to