Current through Vol. 42, No. 7, December 16, 2024
(a)
Payments. Payments are made on behalf of Oklahoma Human Services
(OKDHS) clients to providers of child care services, per Oklahoma
Administrative Code (OAC)
340:40-13-5.
The services and payments are supported by provider contracts on file with the
Adult and Family Services (AFS).
(b)
Overpayments. Provider
overpayments that occur as a result of agency or provider error are described
in OAC
340:40-15-1. Any
overpayment over $500, when the child was not in care may result in felony
fraud charges against the provider.
(c)
Collection of overpayments.
Financial Services Electronic Payment Systems (EPS) recoups all funds
associated with overpayments in weekly installments, not less than 10 percent
of the provider's gross payment, per week until the overpayment is satisfied,
except when the viability of the child care facility is in question.
(1) Child care facilities whose continued
viability is at risk due to overpayment collection is reviewed by Financial
Services Electronic Payment Systems (EPS) for other repayment plans.
(2) Repayment plans do not exceed 12 months,
except when the viability of the child care provider is in question.
(3) A child care provider whose contract is
subsequently cancelled due to an OKDHS Office of Inspector General (OIG)
investigation has all available funds withheld to satisfy any remaining
overpayments.
(d)
Liquidated damages.
(1) OKDHS
may impose liquidated damages when certain rules in the contract are violated.
Specifically, when the child care provider:
(A) is in possession of a client's Access
Oklahoma electronic benefit transfer (EBT) card;
(B) swipes the EBT card through the point of
service (POS) device; or
(C) knows
the client's EBT personal identification number (PIN).
(2) The percentage of liquidated damages
increases with each violation assessed, per Section 2-718 of Title 12A of the
Oklahoma Statutes.
(3) When OIG
determines an EBT card was in the possession of or swiped through the POS
device by a child care provider, the:
(A)
first violation results in liquidated damages of 10 percent of the total
payment(s) during the month the violation occurred;
(B) second violation results in liquidated
damages of 20 percent of the total payment(s) during the month the violation
occurred; and
(C) third violation
results in liquidated damages of 30 percent of the total payment(s) during the
month the violation occurred; and recommendation to AFS for cancellation of the
provider's contract.
(e)
Collection of liquidated
damages. EPS recoups all funds associated with liquidated damages as
described in (1) and (2) of this subsection.
(1) The full amount of liquidated damages is
applied against the first available payment and any sequent payments until the
amount is collected.
(2) When the
contract is subsequently cancelled due to an OIG investigation, all available
funds are withheld to satisfy any remaining overpayments.
Added at 22 Ok Reg
1943, eff 7-1-05
