Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
[See repealer]
Subp. 1a. [Repealed,
33 SR695]
Subp. 1b.
Calculation of overpayment.
When determining an overpayment, a CCAP agency or the
commissioner must assess the dates during which a family or child care provider
received more child care assistance than the family or child care provider was
eligible to receive. With the exception of overpayments designated solely as
agency error under Minnesota Statutes, section
119B.11,
subdivision 2a, paragraph (a), the overpayment must include all amounts that
the CCAP agency or commissioner determines were overpaid according to time
frames specified in Minnesota Statutes, section
119B.11,
subdivision 2a, paragraph (h).
Subp.
2.
Notice of overpayment.
A CCAP agency or the commissioner must notify the person ,
persons, or entity who is assigned responsibility for the overpayment of the
overpayment in writing. A notice of overpayment must specify the reason for the
overpayment, the time period during which the overpayment occurred, the amount
of the overpayment, and the right to appeal the CCAP agency's or commissioner's
overpayment determination.
Subp.
4.
Recoupment of overpayments from participants.
A CCAP agency or the commissioner must recoup an overpayment
by reducing the amount of assistance paid to or on behalf of the family for
every service period at the rates in item A, B, C, or D until the overpayment
debt is retired.
A. When a family has
an overpayment due to a child care provider error or a combination of child
care provider and agency error, the recoupment amount is one-fourth of the
family's copayment or $10, whichever is greater
B. When a family has an overpayment due to
the family's first failure to report changes as required by part
3400.0040, subpart 4, or a
combination of a family's first failure to report and agency error, the
recoupment amount is one-half of the family's copayment or $10, whichever is
greater
C. When a family has an
overpayment due to the family's failure to provide accurate information at the
time of application or redetermination or the family's second or subsequent
failure to report changes as required by part
3400.0040, subpart 4, or a
combination of these violations with agency error, the recoupment amount is
one-half of the family's copayment or $50, whichever is greater
D. When a family has an overpayment due to a
violation of Minnesota Statutes, section
256.98,
as established by a court conviction, a court-ordered stay of a conviction with
probationary or other terms, a disqualification agreement, a pretrial
diversion, or an administrative disqualification hearing or waiver, the
recoupment amount equals the greater of:
(1)
the family's copayment;
(2) ten
percent of the overpayment; or
(3)
$100.
E. This item
applies to families who have been disqualified or found to be ineligible for
the child care assistance program and who have outstanding overpayments. If a
disqualified or previously ineligible family returns to the child care
assistance program, a CCAP agency or the commissioner must begin recouping the
family's outstanding overpayment using the recoupment schedule in items A to D
unless another repayment schedule has been specified in a court order
F. If a family has more than one overpayment,
the overpayments must not be consolidated into one overpayment. Instead, each
overpayment must be recouped according to the schedule specified in this
subpart from the child care benefit paid for the service period. If the amount
to be recouped in a service period exceeds the child care benefit paid for that
service period, the amount recouped must be applied to overpayments in the
following order:
(1) payment must first be
applied to the oldest overpayment being recouped under item D and then to any
other overpayments to be recouped under this item according to the age of the
claim;
(2) payment then must be
applied to the oldest overpayment being recouped under item C and then to any
other overpayments to be recouped under this item according to the age of the
claim;
(3) payment then must be
applied to the oldest overpayment being recouped under item B and then to any
other overpayments to be recouped under this item according to the age of the
claim; and
(4) payment then must be
applied to the oldest overpayment being recouped under item A and then to any
other overpayments to be recouped under this item according to the age of the
claim.
Subp. 5.
[Repealed, 33 SR695]
Subp. 6.
Recoupment of overpayment from child care provider.
If a child care provider continues to receive child care
assistance payments, a CCAP agency or the commissioner must recoup an
overpayment by reducing the amount of assistance paid to the child care
provider for every payment at the rates in item A, B, or C until the
overpayment debt is retired.
A. When a
child care provider has an overpayment due to a family error or a combination
of family and agency error, the recoupment amount is one-tenth of the
provider's payment or $20, whichever is greater
B. When a child care provider has an
overpayment due to the child care provider's failure to provide accurate
information or a combination of a child care provider's failure to report
accurate information and agency error, the recoupment amount is one-fourth of
the child care provider's payment or $50, whichever is greater
C. When a child care provider has an
overpayment due to a violation of Minnesota Statutes, section
256.98,
as established by a court conviction, a court-ordered stay of conviction with
probationary or other terms, a disqualification agreement, a pretrial
diversion, or an administrative disqualification hearing or waiver, the
recoupment amount equals the greater of:
(1)
one-half of the child care provider's payment;
(2) ten percent of the overpayment;
or
(3) $100.
D. This item applies to child care providers
who have been disqualified from or are no longer able to be authorized by the
child care assistance program and who have outstanding overpayments. If a child
care provider returns to the child care assistance program as a child care
provider or a participant, a CCAP agency or the commissioner must begin
recouping the child care provider's outstanding overpayment using the
recoupment schedule in items A to C unless another repayment schedule has been
specified in a court order
E. If a
child care provider has more than one overpayment assessed for different
incidents, a CCAP agency or the commissioner must not consolidate the
overpayments into one overpayment. Instead, each overpayment must be recouped
according to the schedule in this subpart from the payment made to the child
care provider for the service period. If the amount to be recouped in a service
period exceeds the payment to the child care provider for that service period,
the amount recouped must be applied to overpayments in the following order:
(1) payment must first be applied to the
oldest overpayment being recouped under item C and then to any other
overpayments to be recouped under this item according to the age of the
claim;
(2) payment then must be
applied to the oldest overpayment being recouped under item B and then to any
other overpayments to be recouped under this item according to the age of the
claim; and
(3) payment then must be
applied to the oldest overpayment being recouped under item A and then to any
other overpayments to be recouped under this item according to the age of the
claim.
F. If the
commissioner or more than one CCAP agency assesses multiple overpayments to a
child care provider for the same incident, the commissioner or each CCAP agency
must assess each overpayment separately. A CCAP agency or the commissioner must
recoup only one overpayment per incident at a time according to the schedule in
this subpart until the overpayment debt is retired. A CCAP agency or the
commissioner must recoup any overpayment that the commissioner or CCAP agency
assesses for a different incident simultaneously under item
E.
Statutory Authority: MS s
119B.02;
119B.04;
119B.06;
256.01
