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Legal Resources | Welfare and Institutions Code |  Wl  11462.61  

Public Social Services; Aid and Medical Assistance; Computation and Payment of Aid Grants   

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(a) For audits performed prior to June 30, 1988, on group homes which received funds on behalf of children receiving assistance under the AFDC-FC program, the department shall not offset or adjust current payments made pursuant to Section 11462 unless the department determines both the following facts exist:

(1) The proposed adjusted allowable costs, as defined in paragraph (1) of subdivision (b) of Section 11462, per child per month, for the current year are less than the current paid rate.

(2) The same facts or conditions exist in the current year which resulted in the audit adjustment, for each of the audit adjustments, during the year which was the subject of the prior audit.

(b) The department is not required to perform a field audit to make the determination specified in paragraphs (1) and (2) of subdivision (a).

(c) Nothing in this section restricts or limits the department's authority to recover a final audit overpayment for any year which was the subject of an audit.

(Added by Stats. 1988, Ch. 1637, Sec. 1.)