Section 140.1330  Enforcement

a)         Upon entry of a final administrative decision for repayment of any unauthorized medical benefits or payments, or for any civil penalties assessed:

1)         any unpaid amount of repayment or penalty will constitute a debt due and owing to the Department; and

2)         a lien shall attach to all property and assets of the person, firm, corporation, association, agency, institution or other legal entity until the debt is satisfied.  The lien may be enforced in the same manner as a judgment lien under a judgment of a court of competent jurisdiction.

b)         Any amounts imposed by a final administrative decision that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures shall be a debt due and owing the Department and, as such, may be collected in accordance with applicable law or the rules of the Department.

c)         After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the final administrative decision may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

d)         Nothing in this Section shall prevent the Department from enforcing or seeking to enforce the final administrative decision in any manner that is in accordance with applicable law.

(Source:  Added at 36 Ill. Reg. 7545, effective May 7, 2012)