§233.1. Recovery of overpayments

NOTE: Subsections A and B eff. until Oct. 1, 2027. See Acts 2025, No. 477.

            A. The department shall establish procedures to accomplish the requirements of this Section in accordance with the Louisiana Administrative Procedure Act.

            B. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of assistance under the state public assistance program, and, in the case of:

            (1) An overpayment to or on behalf of an individual who is a current recipient of such assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery shall be made by repayment by the individual or by reducing the amount of any future assistance payable to or on behalf of the family of which he is a member.

            (2) An overpayment to or on behalf of any individual who is no longer receiving assistance, recovery may be made by appropriate action against the income or resources of the individual or the family.

NOTE: Subsections A and B as repealed by Acts 2025, No. 477, eff. Oct. 1, 2027.

            A-B. Repealed by Acts 2025, No. 477, §18, eff. Oct. 1, 2027.

NOTE: Subsection (C)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

            C. The department shall promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child support to individuals to whom the department is providing services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:

NOTE: Subsection (C)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

            C. The Department of Children and Family Services shall promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child support to individuals to whom the department is providing services pursuant to R.S. 46:236.1.1 et seq., and, in the case of:

            (1) An overpayment to an individual who is currently receiving services, including any individual whose overpayment occurred during a prior period of services, recovery shall be made by repayment by the individual or by reducing the amount of any future child support payable to the family of which he is a member.

            (2) An overpayment to any individual who is no longer receiving services, recovery may be made by appropriate action against the income or resources of the individual or the family.

NOTE: Subsection (D)(intro. para.) eff. until Oct. 1, 2027. See Acts 2025, No. 477.

            D. The department will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child care assistance provided under the Child Care and Development Block Grant and in the case of:

NOTE: Subsection (D)(intro. para.) as amended by Acts 2025, No. 477, eff. Oct. 1, 2027.

            D. The Department of Education will promptly take all necessary steps to correct any overpayment, including collection, or underpayment of child care assistance provided under the Child Care and Development Block Grant and in the case of:

            (1) An overpayment to or on behalf of an individual who is a current recipient of child care assistance, including a current recipient whose overpayment occurred during a prior period of eligibility, recovery will be made by repayment by the individual or provider who is at fault or by reducing the amount of any future child care assistance payable to or on behalf of the family of which the recipient at fault is a member or on behalf of the provider at fault.

            (2) An overpayment to or on behalf of any individual who is no longer receiving child care assistance, recovery may be made by appropriate action against the income or resources of the individual at fault or his or her family, or if the provider of services is at fault, against the provider of services.

            Acts 1997, No. 1155, §1, eff. July 1, 1997; Acts 2025, No. 477, §§15, 18, eff. Oct. 1, 2027.