(a) A family found
to have committed a child care assistance intentional program violation is
subject to the following penalties:
(1) for
the first child care assistance intentional program violation resulting in no
dollar loss to the department, the department will impose a requirement
limiting the family to a specific provider type appropriate to help ensure
compliance for six months;
(2) for
the first child care assistance intentional program violation resulting in a
dollar loss to the department, the department will impose
(A) a requirement limiting the family to a
specific provider type appropriate to help ensure compliance for six
months;
(B) a 10 percent reduction
in child care assistance benefits for six months; and
(C) an obligation to repay the child care
assistance program loss attributable to the intentional program violation
regardless of the family's continued participation;
(3) for the second child care assistance
intentional program violation regardless of dollar loss, the department will
impose one or more of the following:
(A) a
requirement limiting the family to a specific provider type appropriate to help
ensure compliance for 12 months;
(B) a 20 percent reduction in child care
assistance benefits for 12 months;
(C) an obligation to repay the child care
assistance program loss attributable to the intentional program violation
regardless of the family's continued participation;
(4) for the third child care assistance
intentional program violation regardless of dollar loss, the department will
impose an obligation to repay the child care assistance program loss
attributable to the intentional program violation and permanently terminate a
family from the program, including terminating authorizations.
(b) A provider found to have
committed a child care assistance intentional program violation resulting in a
loss of over $ 100 is subject to the following penalties;
(1) for the first child care assistance
intentional program violation, the department impose the following requirements
on the provider for continued participation in the child care assistance
program;
(A) timely compliance with any
corrective action plan issued by the department;
(B) repayment of the child care assistance
program loss attributable to the intentional program violation in accordance
with the department's established repayment plan and deadline; and
(C) cooperation with heightened and more
frequent departmental reviews;
(2) for the second child care assistance
intentional program violation, the department will impose a suspension from
participation in the child care assistance program for six months, after which
the department will require the following before the provider may again
participate:
(A) timely compliance with any
corrective action plan issued by the department;
(B) repayment of the child care assistance
program loss attributable to the intentional program violation in accordance
with the department's established repayment plan and deadline; and
(C) cooperation with heightened and more
frequent departmental reviews;
(3) for the third child care assistance
intentional program violation, the department will
(A) permanently disqualify the provider from
participation in the child care assistance program;
(B) remove the name of the provider from the
list of eligible providers that is maintained under 7 AAC 41,445; and
(C) impose on the provider an obligation to
repay the child care assistance program loss attributable to the intentional
program violation.
(c) The department will or designee shall
notify families participating in the program upon a provider's suspension or
termination from the program. Care authorized for the month when die suspension
or termination occurred remains effective but will be cancelled for any future
months.
(d) A provider may request
payment from the department for services provided under this chapter during the
month the suspension or termination is determined. A provider may not request
payment from the department for services provided under this chapter during the
remaining period of suspension, or for services provided after termination from
the program.
(e) The department
will remove a suspended provider from the list of eligible providers that is
maintained under
7 AAC 41.445, effective the date the department issues
its final decision. If the provider continues to meet the applicable
requirements of this chapter, die department will reinstate a provider to the
list of eligible providers after the end of the provider's period of
suspension.
(f) If termination from
the program is imposed, the department will remove a provider from the list of
eligible providers that is maintained under
7 AAC 41.445, effective the date the department issues
its final decision. A termination imposed by a final department decision is
permanent and the family or provider may not be approved to participate in the
program as either a family or provider.
