Compromise or Adjustment of an Overpayment Claim

(a) The Department may consider a request to compromise an overpayment claim only if the estimated administration and collection costs necessary to collect the account in full likely exceed the current balance of the overpayment .

(b) The following limitations apply to the compromise of an overpayment claim:

(A) The authority of the Department to compromise may be limited by federal or state law.

(B) The Department may compromise a claim only once it is a liquidated claim

(see OAR 461-195-0551).

(C) The Department may compromise a claim only if the requester has made a good faith effort to repay the overpayment .

(D) The Department may not compromise:

(i) A fraud overpayment claim;

(ii) Any overpayment claim, unless 36 months have passed since the requester initially was notified of the overpayment ;

(iii) An overpayment claim if the debtor has the ability to repay the overpayment in full within 36 months of the request date.

(iv) An overpayment claim for less than 75 percent of the total amount of the claim.

(v) An overpayment claim if the debtor is a member, currently or in the previous 12 months, of a filing group or HSD medical programs eligibility determination group

(see OAR 410-200-0015) that received benefits under the program in which the overpayment occurred.