67:48:01:03Medical benefit not subject to recovery if

error made by department. If a medical benefit is paid in error because of a mistake made by the department, the medical benefit paid in error is not subject to recovery. Instances of department error include items such as the following: (1) The department failed to take prompt action on a change reported by the individual or the individual's authorized representative; (2) The department incorrectly computed the individual's income, resources, or deductions; or (3) The department continued to provide the individual with medical benefits during the time the department was redetermining the individual's eligibility.

Source: 25 SDR 141, effective May 20, 1999.