[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: 45CFR30.2]



[Page 83-84]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

                            Subpart A_General

 

Sec.  30.2  Definitions.



    In this part, unless the context otherwise requires--

    Amounts payable under the Social Security Act means payments by the 

Department to beneficiaries, providers, intermediaries, physicians, 

suppliers, carriers, States, or other contractors or grantees under a 

Social Security Act program, including: Title I (Grants to



[[Page 84]]



States for Old-Age Assistance and Medical Assistance for the Aged); 

Title II (Federal Old-Age Survivors, and Disability Insurance Benefits); 

Title III (Grants to States for Unemployment Compensation 

Administration); Title IV (Grants to States for Aid and Services to 

Needy Families with Children and for Child-Welfare Services); Title V 

(Maternal and Child Health and Crippled Children's Services); Title IX 

(Unemployment Compensation Program); Title X (Grants to States for Aid 

to the Blind); Title XI, Part B (Peer Review of the Utilization and 

Quality of Health Care Services); Title XII (Advances to State 

Unemployment Funds); Title XIV (Grants to States for Aid to Permanently 

and Totally Disabled); Title XVI (Supplemental Security Income for the 

Aged, Blind, and Disabled); Title XVII (Grants to States to Fight Mental 

Retardation); Title XVIII (Medicare); Title XIX (Medicaid); and Title XX 

(Block Grants to States for Social Services). Federal employee salaries 

and other payments made by the Department in the course of administering 

the provisions of the Social Security Act are not deemed to be ``payable 

under'' the Social Security Act for purposes of this regulation.

    Claim or Debt means an amount of money or other property owed to the 

United States. Debts include, but are not limited to amounts owed on 

account of loans made, insured or guaranteed by the United States; 

salary overpayments to employees; overpayments to program beneficiaries; 

overpayments to contractors and grantees, including overpayments arising 

from audit disallowances; excessive cash advances to employees, grantees 

and contractors; civil penalties and assessments; theft or loss of money 

or property; and damages.

    Debtor means an individual, organization, association, partnership, 

corporation, or a State or local government or subdivision indebted to 

the Department; or the person or entity with legal responsibility for 

assuming the debtor's obligation.

    Debts arising under the Social Security Act are overpayments to, or 

contributions, penalties or assessments owed by, beneficiaries, 

providers, intermediaries, physicians, suppliers, carriers, States or 

other contractors or grantees under Titles I, II, III, IV, V, IX, X, XI 

(Part B), XII, XIV, XVI, XVII, XVIII, XIX and XX of the Social Security 

Act. Salary overpayments and other debts that result from the 

administration of the provisions of the Social Security Act are not 

deemed to ``arise under'' the Social Security Act for purposes of this 

regulation.

    Department means the United States Department of Health and Human 

Services and each of its Operating Divisions and regional offices.

    Liquidated or certain in amount refers to a debt of an amount 

already fixed and determined by the Secretary, or which may be readily 

fixed and determined from the information available in the debt file, 

irrespective of any dispute by the debtor.

    Local government means a political subdivision, instrumentality, or 

authority of any State; the District of Columbia; the Commonwealth of 

Puerto Rico; a territory or possession of the United States; or an 

Indian tribe, band or nation.

    Operating Division means each separate component within the 

Department of Health and Human Services, and includes the Office of the 

Secretary, the Office of Human Development Services, the Family Support 

Administration, theCenters for Medicare & Medicaid Services, the Public 

Health Service and the Social Security Administration.

    Overdue refers to a debt not paid by the payment due date specified 

in the notice of the debt to the debtor (see Sec.  30.13(a)) and not the 

subject of a repayment agreement approved by the Secretary. Also, a debt 

subject to repayment agreement is considered overdue if the debtor fails 

to satisfy his or her obligations under that agreement. ``Overdue'' and 

``delinquent'' have the same meaning. See 4 CFR 101.2(b).

    Secretary means the Secretary of Health and Human Services or the 

Secretary's designee within any Operating Division or Regional Office.