g. Methods of Repayment

If the recoupment method and rate has not been set by a court, the CCAP administrator shall first attempt to recover overpayments by a lump sum repayment or by offsetting the amount of the overpayment against any benefits owed as the result of an underpayment. If the parent or provider does not agree to a lump sum repayment, the CCAP administrator shall reduce the parent’s or the provider’s ongoing payments by the lessor of the following amounts until the overpayment has been recouped: ten percent of the parent’s monthly benefits or the provider’s monthly payment if the overpayment was due to an administrative or unintentional error; or twenty-five percent of the parent’s monthly benefits or the provider’s monthly payment if the overpayment was due to an intentional error.

The percentage reduction shall be applied to each child for whom the parent receives CCAP assistance or who are in the provider’s care. Recoupment shall be initiated automatically if the parent or provider does not respond to the advance notice.

If the parent or provider do not actively receive CCAP payments, the department shall attempt to recover the overpayment by establishing a monthly billing schedule.

If the parent or provider does not comply with the repayment plan, the commissioner may, to the extent allowed by law, take whatever action deemed appropriate to recover such overpayment.