Prompt Payment of Claims

Cal. GOV § 927.13

California Statutes

(

a) Unless otherwise provided for by statute, any state agency that fails to submit a correct claim to the Controller within days of receipt of a notice of refund or other payment due, and fails to issue payment within days from the notice of refund or other payment due, shall be liable for penalties on the undisputed amount pursuant to this section. The penalties shall be paid out of the agency’s funds at a rate equal to the Pooled Money Investment Account daily rate on June of the prior fiscal year minus percent. The penalties shall cease to accrue on the date full payment or refund is made.

If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by paying the claimant directly from the state agency’s revolving fund within calendar days following the agency’s receipt of the notice of refund or other payment due. (

b) The Controller shall pay claimants within calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within calendar days of receipt of the claim

schedule from a state agency, and payment is not issued within calendar days following the agency’s receipt of a notice of refund or undisputed payment due, the Controller shall pay applicable penalties to the claimant. Penalties shall cease to accrue on the date full payment is made, and shall be paid out of the Controller’s funds. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. (

c) The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within calendar days and payment is not issued within calendar days from the agency’s receipt of a notice of refund or an undisputed payment due. (

d) No person shall receive an interest payment pursuant to this

section if it is determined that the person has intentionally overpaid on a liability solely for the purpose of receiving a penalty payment. (

e) No penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency. (

f) This

section shall not apply to any of the following:

(1) Payments, refunds, or credits for income tax purposes.

(2) Payment of claims for reimbursement for health care services or mental health services provided under the Medi-Cal program, pursuant to

Chapter 7 (commencing with

Section 14000) of Part of Division of the Welfare and Institutions Code.

(3) Any payment made pursuant to a public social service or public health program to a recipient of benefits under that program.

(4) Payments made on claims by the Department of General Services.

(5) Payments made by the Commission on State Mandates.

(6) Payments made by the Department of Human Resources pursuant to

Section 19823.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 927.13
Date2019-06-27
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV927.13.20192985

Prompt Payment of Claims

Cal. GOV § 927.13

California Statutes

Prompt Payment of Claims

Cal. GOV § 927.13

California Statutes

(

a) Unless otherwise provided for by statute, any state agency that fails to submit a correct claim to the Controller within days of receipt of a notice of refund or other payment due, and fails to issue payment within days from the notice of refund or other payment due, shall be liable for penalties on the undisputed amount pursuant to this section. The penalties shall be paid out of the agency’s funds at a rate equal to the Pooled Money Investment Account daily rate on June of the prior fiscal year minus percent. The penalties shall cease to accrue on the date full payment or refund is made.

If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the state agency. On an exception basis, state agencies may avoid payment of penalties for failure to submit a correct claim to the Controller by paying the claimant directly from the state agency’s revolving fund within calendar days following the agency’s receipt of the notice of refund or other payment due. (

b) The Controller shall pay claimants within calendar days of receipt of a correct claim from the state agency. If the Controller fails to make payment within calendar days of receipt of the claim

schedule from a state agency, and payment is not issued within calendar days following the agency’s receipt of a notice of refund or undisputed payment due, the Controller shall pay applicable penalties to the claimant. Penalties shall cease to accrue on the date full payment is made, and shall be paid out of the Controller’s funds. If the amount of the penalty is ten dollars ($10) or less, the penalty shall be waived and not paid by the Controller. (

c) The Department of FISCal shall be responsible for applicable penalties if the Financial Information System for California delays the delivery of a correct claim from the state agency to the Controller, preventing the Controller from making payment within calendar days and payment is not issued within calendar days from the agency’s receipt of a notice of refund or an undisputed payment due. (

d) No person shall receive an interest payment pursuant to this

section if it is determined that the person has intentionally overpaid on a liability solely for the purpose of receiving a penalty payment. (

e) No penalty shall accrue during any time period for which there is no Budget Act in effect, nor on any payment or refund that is the result of a federally mandated program or that is directly dependent upon the receipt of federal funds by a state agency. (

f) This

section shall not apply to any of the following:

(1) Payments, refunds, or credits for income tax purposes.

(2) Payment of claims for reimbursement for health care services or mental health services provided under the Medi-Cal program, pursuant to

Chapter 7 (commencing with

Section 14000) of Part of Division of the Welfare and Institutions Code.

(3) Any payment made pursuant to a public social service or public health program to a recipient of benefits under that program.

(4) Payments made on claims by the Department of General Services.

(5) Payments made by the Commission on State Mandates.

(6) Payments made by the Department of Human Resources pursuant to

Section 19823.

Document details

CollectionCalifornia Statutes
CitationCal. GOV § 927.13
Date2019-06-27
Typestatute
Languageen
SourceCA_STAT
IdentifierGOV927.13.20192985