Ch. DHS 2 NoteNote: Chapter HFS 2 was renumbered to chapter DHS 2 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

Ch. DHS 2 NoteNote: This chapter applies to Department of Health Services and Department of Children and Families programs until such time as each of the departments can adopt separate rules.

DHS 2.01DHS 2.01 Authority and purpose. This chapter is promulgated under ss. 48.57 (3m) (h) and (3n) (h), 48.62 (6), 48.975 (4m), 49.847 and 227.11 (2) (a), Stats., to establish procedures for the recovery of incorrectly paid benefits. This chapter interprets ss. 16.51 (4), 48.57 (3m) and (3n), 48.62, 48.975, 49.77, 49.775, 49.847, and 49.85, Stats., and other statutes concerning benefits programs.

DHS 2.02(2)(2) Persons or entities with whom the department or a county has a contractual relationship where the contract specifies the terms of repayments.

DHS 2.02 NoteNote: This chapter applies to Department of Health Services and Department of Children and Families programs until such time as each of the departments can adopt separate rules.

DHS 2.03(1)(1) “Administrative costs” means an entity’s costs associated with administering the receipt of benefits paid on behalf of an eligible individual and for which a contract between the department a county, or an elected governing body of a federally recognized American Indian tribe and the entity exists specifying the payment of funds to administer the benefit payments on behalf of eligible individuals.

DHS 2.03 NoteNote: This chapter applies to Department of Health Services and Department of Children and Families programs until such time as each of the departments can adopt separate rules.

DHS 2.03(3)(3) ”Benefits” means payments made under chs. 48 and 49, Stats., or other benefit programs that provide financial assistance to individuals. Benefits include payments made to a person or entity authorized to receive benefits on behalf of an individual.

DHS 2.03(5)(5) “Incorrectly paid benefits” means benefits paid for an individual not eligible for any benefits during the period for which the payment was made or paid in an amount in excess of the amount that the individual was eligible to receive.

DHS 2.03 HistoryHistory: CR 03-085: cr. Register June 2006 No. 606, eff. 7-1-06; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register November 2008 No. 635.

DHS 2.04(1)(a)(a) Subject to applicable law, if the department, a county or an elected governing body of a federally recognized American Indian tribe finds that incorrectly paid benefits under chs. 48 or 49, Stats., have been made, the department, county or elected governing body may seek recovery from the eligible individual or from the person or entity authorized to receive benefits on behalf of the eligible individual or from both. The total amount recovered may not exceed the amount of the incorrectly paid benefits, and shall be offset by any amounts that are owed the eligible individual or the person or entity authorized to receive benefits on behalf of the eligible individual because of a previous underpayment of benefits.

DHS 2.04(1)(b)(b) The recovery period for incorrectly paid benefits shall be limited to one year prior to the date that the overpayment is discovered.