WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for House Bill 5536
By Delegates Criss and Rohrbach [Originating in the Committee on Finance; Reported on February 19, 2024]
 CS for HB 5536
1 A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a
2 new section, designated §9-5-34, relating to assessment of interest on overpayments by
3 Bureau for Medical Services; establishing interest rate and method for accrual; and
4 retention of interest received.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-34. Interest on overpayments.
1 Except where otherwise provided by law, all overpayments due to programs administered
2 by the Bureau for Medical Services shall bear interest at the rate fixed and applied under §56-6-
3 31(b) of this code as provided in this section per annum. "Overpayment" is defined as an amount
4 paid for participation in the programs under the bureau's administration which exceeds the amount
5 that is allowable for the goods or services provided. Interest on overpayments shall be the sum of
6 the interest amounts calculated on the unpaid balance for each year or part thereof from the date
7 that an overpayment determination is finalized to the date the balance including accrued interest is
8 resolved, using the interest rate in effect for each respective year or part thereof. Interest collected
9 shall be retained by the fund from which the overpayment was made.
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Statutes affected:
Introduced Version: 9-5-34
Committee Substitute: 9-5-34