Administrative Code Provisions | CMSR 24-000-001 Chapt. 4 | 2018

400. Repayment of Award.

1. The Office of the Attorney General shall have a right to commence a civil action for the recovery of overpayment of compensation awards pursuant to Section 99-41-27(3) of the Mississippi Code, as amended.

2. The defendant as in § 400 (1) shall be responsible for the fees, court costs, and other expenses of litigation.

401. Shortage of Funds for Awards.

1. In the event the amount of approved claims exceeds the available funds during any defined period, the department, at its sole discretion, may proportionately reduce benefits paid to claimants.

2. Eligible claims may be held until completion of the defined period and proportioned reductions may be computed accordingly at that time.

3. A claimant who has received a proportioned reduction of benefits shall not be entitled to future retroactive reimbursements.

4. Compensation payments may be awarded in the order in which the claim application was received and completed.

5. When a purchase invoice is made, the funds for payment of the award are thereby encumbered.

6. This rule shall be effective upon the filing date and apply to claims pending, claims having prior approval or claims henceforth received.

402. Filing a False Claim, Furnishing False Information and Failing to Disclose Information.

1. The Office of the Attorney General shall have a right to commence a civil action for the recovery of compensation awards obtained by the claimant upon filing a false claim, furnishing false information and/or failing to disclose pertinent information.

2. The defendant as in § 402 (1) shall be responsible for the fees, court costs, and other expenses of litigation.

403. Advance Award.

1. An advance award may be made, if the director

a. determines that the claim is one with respect to which an award probably will be made; and

b. the claimant will suffer financial hardship unless an advance award is made.

2. The advance award may not exceed Five Hundred Dollars ($ 500.00).

3. The amount of the advance award shall be:

a. deducted from the final award; or

b. repaid by and recoverable from the claimant to the extent that it exceeds the final award.