Missouri Code of State Regulations
Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 25 - Office of Childhood
Chapter 200 - Child Care Subsidy
Section 5 CSR 25-200.110 - Child Care Provider Overpayments
Universal Citation: 5 MO Code of State Regs 25-200.110
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes procedures to use when determining and collecting child care subsidy overpayments made to child care providers.
(1) Overpayments. All child care subsidy provider overpayments shall be subject to repayment or recoupment from a child care provider up to the full amount of the overpayment.
(A) If the department determines that it has
made an overpayment to a child care provider as a result of agency error, child
care provider error, participant error, fraud, intentional violations,
unintentional violations, or inadvertent error, the department shall provide
written notice to the child care provider. The department shall send the
notification via first class mail to the child care provider's address of
record. The notification shall include-
1. The
total amount of the overpayment;
2.
The service date and/or dates;
3.
The reason for the overpayment; and
4. The method in which the overpayment may be
contested.
(B)
Notification sent to the child care provider's address of record via first
class mail shall constitute good service of notice.
(C) If the child care provider wishes to
contest the overpayment, the child care provider shall request an
administrative review. This request shall be made in writing within thirty (30)
days of the date on the notice of overpayment.
(D) If the child care provider does not
timely request an administrative review in writing, the division may proceed to
collection of overpayment.
(2) Administrative Review.
(A) If the child care provider timely
requests administrative review, the child care provider may provide additional
documentation for review within ten (10) business days of the request for
administrative review. The department may not consider documents received after
ten business (10) days.
(B) Upon
receipt of a request for administrative review and additional documentation,
the department shall-
1. Verify the child care
subsidy payment and overpayment were properly calculated;
2. Examine additional documentation or other
material timely provided by the child care provider; and
3. Upon completion of the administrative
review, the department shall notify the child care provider of the results of
the administrative review in writing. The results of the administrative review
may include a confirmation of the original overpayment amount, a decrease in
the overpayment amount, or an increase in the overpayment amount.
(C) The results of the
administrative review shall be final.
(3) Collection and Repayment.
(A) Once the assessment of the overpayment is
final, the department may utilize any and all procedures in law and equity to
collect the overpayment.
(B) The
department and child care provider may enter into a voluntary repayment plan as
follows:
1. The department and the child care
provider shall negotiate a repayment plan within forty-five (45) days from the
date the overpayment becomes final;
2. The repayment plan may include:
A. A single lump-sum payment;
B. Equal, monthly installment payments over a
specified period of time not to exceed one (1) year; or
C. Recoupment from future child care provider
subsidy payments;
3. The
department shall provide the negotiated repayment plan in writing to the child
care provider. Every repayment plan that includes monthly installment payments
or recoupment from future child care provider subsidy payments shall also
include a promissory note executed by the child care provider in favor of the
department. The child care provider shall sign the repayment plan and
promissory note, as applicable, and shall return the original, signed copy to
the department. The child care provider shall then make payments as directed in
the repayment plan or promissory note, as applicable.
(4) Default.
(A) An overpayment account shall be in
default if-
1. The child care provider fails
to timely negotiate a mutually agreeable repayment plan and promissory
note;
2. The child care provider
fails to timely sign or return the repayment plan and/or promissory
note;
3. The account is not subject
to a repayment plan, and the full amount is not repaid within ninety (90) days
from the date of notice of overpayment or date of the results of the
administrative review, whichever is later; or
4. The account is subject to a repayment
plan, and an installment payment or lumpsum payment is not received within
thirty (30) days of the installment or lump-sum due date.
(B) If an overpayment is in default, the
balance of the overpayment shall be immediately due and payable.
(C) The department may take appropriate
actions to recover default accounts, which may include, but are not limited to:
1. Recoup the overpayment from future child
care provider subsidy payments due to the child care provider by the
department;
2. File a claim for
debt off-set with the Director of Revenue to recover the overpayment from any
refunds due to the child care provider by the Department of Revenue pursuant to
section 143.781, RSMo;
3. File a cause of action in a court of
competent jurisdiction; or
4. Other
action as allowed by state or federal law as deemed appropriate by the
department.
*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.025, RSMo 1999, amended 2004; and 210.027, RSMo 1999, amended 2014.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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