[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR30.11]



[Page 86]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

                     Subpart B_Collection of Claims

 

Sec.  30.11  Collection rule.





    (a) Aggressive agency action. The Secretary will take aggressive 

action to collect debts and reduce delinquencies. Collection efforts 

shall, at a minimum, normally include sending to the debtor's last known 

address a total of three progressively stronger written demands for 

payment at not more than 30-day intervals unless amounts are available 

for offset under section 30.15, or a response to the first or second 

demand indicates that further demand would be futile and the debtor's 

response does not require rebuttal.

    (b) Immediate action. When necessary to protect the Government's 

interest, written demand may be preceded by other appropriate action, 

such as withholding of amounts payable to the debtor or immediate 

referral of the debt for litigation or filing of a claim in bankruptcy 

court or against a decedent's estate.

    (c) Finding debtors. The Secretary will exhaust every reasonable 

effort to locate debtors, using such sources as telephone directories, 

city directories, postmasters, driving license records, automobile title 

and license records in State and local government agencies, the Internal 

Revenue Service, credit reporting agencies and skip locator services. 

Referral of a confess-judgment note to the appropriate United States 

Attorney's Office for entry of judgment will not be delayed because the 

debtor cannot be located.

    (d) Joint and several liability. Collection of the full amount of 

the debt will be pursued from each debtor jointly and severally liable.

    (e) Debtor disputes. A debtor who disputes a debt must promptly 

provide available supporting evidence.

    (f) Debt files. The Secretary will maintain an administrative file 

for each debt or debtor, documenting the debt(s), all administrative 

collection action, including communications to and from the debtor, and 

disposition of the debt(s). Information from a debt file relating to an 

individual may be disclosed only for purposes consistent with this 

regulation, the Privacy Act of 1974 (5 U.S.C. 552a), and any other 

applicable law.