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(b) The department may

(1) recoup an overpayment from a provider, without notice to the provider other than as provided by (c) of this section, by reducing future payments to the provider until the overpaid amount has been offset; or

(2) arrange with the provider the terms of the provider’s repayment of the overpayment. (c) Before the department

(1) recoups an overpayment more than 120 days after the date of the overpayment under (b)(1) of this section, the department will notify the provider in writing at least 60 days before recoupment of the overpayment begins; or

(2) recoups an overpayment under (b)(2) of this section, the department will notify the provider in writing at least 60 days before recoupment of the overpayment begins. (d) In the notice under (c) of this section, the department will include

(1) the reason for the recoupment;

(2) the amount of the overpayment that the department will recoup; and

(3) notice of the provider’s right to an appeal under 7 AAC 105.270. (e) If, following receipt of a notice under (c) of this section, the provider discontinues billing the department for Medicaid services, the department will send a written demand to the provider for repayment of the balance of the overpayment. (f) This section does not apply to

(1) actions under 7 AAC 105.400 — 7 AAC 105.490, or bankrupt or out-of-business providers;

(2) recoupment that is based solely on a prospective payment rate under 7 AAC 150;

(3) recoupment actions identified in an audit under 7 AAC 160.100 — 7 AAC 160.130;

(4) recoupment actions identified in an independent certified audit under 7 AAC 150.180(l) with respect to a hospital receiving payments as a disproportionate share hospital (DSH). (Eff. 2/1/2010, Register 193; am 10/1/2011, Register 199; am 5/11/2012, Register 202; am 9/1/2013, Register 207; am 1/1/2024, Register 248) Statutory Authority: Authority: AS 47.05.010 AS 47.07.030