Current through Register Vol. 50, No. 12, December 20, 2024
A.
The department may terminate or refuse renewal of a providers certification and
impose a period of ineligibility on the provider for program violations, which
include but are not limited to the following:
1. violation of any provision of this
Chapter;
2. violation of any terms
of the CCAP provider agreement;
3.
any act of fraud, such as the submission of false or altered documents or
information, intentionally making a false or misleading statement, or
misrepresenting, concealing, or withholding relevant fact;
4. failure to take steps or actions necessary
to ensure the health, safety and well-being of children in care;
5. failure to report a known or suspected
incident of abuse or neglect to child welfare authorities;
6. denial of center access to department
staff or representatives or failure or refusal to cooperate with department
staff in the performance of official duties;
7. failure to timely comply with a corrective
action plan approved by the department;
8. failure to timely return any overpayment
of child care assistance funds; or
9. failure to make timely
restitution.
B. When
certification is terminated or renewal is refused, the department shall provide
written notice to the provider of the termination or denial of renewal, and of
the providers ineligibility period, which may be 12 months, 24 months, or
permanently.
C. Where the
department determines a violation need not result in the termination of or
refusal to renew the providers certification, the department may:
1. for the first violation, issue a written
notice of violation that informs provider that continued or additional
violations may result in the termination or refusal to renew certification and
a period of ineligibility;
2. for
the second violation, issue a second written notice of violation that includes
a corrective action plan (CAP) that outlines the required actions that must be
implemented or completed immediately and notice that failure to timely complete
the CAP or additional or continued violations may result in the termination or
refusal to renew certification and a period of ineligibility; and
3. for the third violation, terminate
certification and impose a period of ineligibility of 12 months, 24 months or
permanently.
D. If
certification is terminated or renewal is refused, the action shall become
effective when the provider is notified in writing. The written notice shall
give the reason for termination or refusal to renew certification.
AUTHORITY NOTE:
Promulgated in accordance with 45 CFR Part 98 and
R.S.
17:407.26.
