New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 84 - PROGRAM ADMINISTRATION
Subchapter 2 - EXCLUSION FROM CONTRACT PARTICIPATION IN THE NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF FAMILY DEVELOPMENT PROGRAMS, PILOT PROJECTS, OR INITIATIVES (SUSPENSION, DEBARMENT, AND DISQUALIFICATION)
Section 10:84-2.2 - Withholding of provider payments
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In accordance with the Commissioner of Human Services' delegated authority in 30:1-12b., and the authority vested in the Director of DFD in 30:1-9 and 30:4B-1 and 2, when the Division receives reliable evidence of theft, fraud, willful misrepresentation, or tampering with records by a provider, the Division shall withhold program payments, in whole or part, upon approval of the Division Director or Assistant Division Director or their designee.
(b) "Reliable evidence," as used in this section, shall include, but is not limited to, the following:
(c) Withholding may be total or partial, and if partial, may be predicated upon specific claims, bills, or invoices, electronic or otherwise, or actions of providers or clients, or other factors as determined by DFD.
(d) The Division shall send notice of the withholding to the affected provider or entity within five days of taking such action, if practicable. It shall set forth the general allegations as to the nature of the withholding action, but need not disclose specific information concerning any ongoing civil or criminal investigation. The notice shall state the following: