Title 45, Chapter 18, Section 18
( 45-18-18)
(a) It is the purpose of this Code section to authorize a procedure
whereby the commissioner of community health may administratively
discharge a debt or obligation due the health insurance fund for
employees of the state when the amount is $400.00 or less and: (1) It is manifest that the debt or obligation is uncollectable;
or (2) The costs of collecting the debt or obligation would be equal
to or greater than the amount due the fund. (b) In order to conserve the health insurance funds, the
commissioner of community health is authorized, in conjunction with
the state auditor, to develop a procedure for the administrative
discharge of any debt or obligation due the insurance fund when such
debt or obligation is $400.00 or less. This provision shall not be
construed to deny to the commissioner the authority to pursue the
collection of any debt, obligation, or claim in any amount
whatsoever when such pursuit is in the best interest of the
insurance fund. (c) Upon a formal determination that a debt or obligation to the
insurance fund of $400.00 or less is uncollectable, or that the
costs of collection would equal or exceed the amount due the fund,
the commissioner of community health shall execute and transmit to
the state auditor a certification which includes the following: a
recapitulation of the efforts made to collect the debt or
obligation; an estimate of the costs to pursue collection of the
debt or obligation administratively or judicially; such other
information as may be required by the procedure developed by the
commissioner and the state auditor; and a statement that further
collection effort would be detrimental to the financial interests of
the fund. The certification shall be made under oath or affirmation
and shall be sent to the state auditor at such times as shall be
prescribed in the procedure developed by the commissioner and the
state auditor. Upon receipt of the certification, the state auditor
shall be authorized to approve the removal of such uncollectable
amounts from the financial records of the fund. |