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CODE OF COLORADO REGULATIONS 8 CCR 1403-1 Colorado Child Care Assistance Program

73 1. The household who is without fault in the creation of the overpayment; and, 2. The household who has reported any increase in income or change in resources or other circumstances affecting the household’s eligibility within the timely reporting requirements for the program. B. The county or its designee determines whether there was willful misrepresentation and/or withholding of information and considers or rules out possible fraud; C. The county or its designee determines the amount of overpayment; D. The county or its designee notifies the household or child care provider(s) of the amount due and the reason for the recovery using the prior notice rules; E. The county or its designee enters the amount of the overpayment and other specific factors of the situation in the case record, including the calculation used to determine the recovery amount. 3.116.94 TIMELINESS AND AMOUNT A. A recovery for overpayment of public assistance is established when the overpayment occurred during the twelve (12) months preceding discovery and the facts to establish recovery have been received. However, when a single overpayment or several overpayments have been made within the prior twelve (12) months and the overpayments total less than fifty dollars ($50), a recovery for repayment is not made. B. If an overpayment occurs due to willful misrepresentation or withholding of information and the county is unable to determine income and activity eligibility criteria for child care previously provided, either through verification from the client or child care provider(s) or access to other verification sources, the county shall recover the entire benefit for the affected months. For willful misrepresentation and/or withholding of information, all overpayments will be pursued regardless of how long ago they occurred. 3.116.95 RECOVERY PROCESS A. When it is determined that an overpayment has occurred, the counties or their designee shall: 1. Document the facts and situation that produced the overpayment and retain this documentation until the overpayment is paid in full or for three years plus the current year, whichever is longer. 2. Determine what benefits the household was eligible for and recover benefits for which the household was found to be ineligible, except in the case of willful misrepresentation or withholding of information. 3. Determine the payments for which the child care provider was not eligible and recover those payments. 4. Initiate timely written notice allowing for the fifteen (15) calendar day noticing period. Such notice shall include a complete explanation, including applicable rules, concerning the overpayment, recovery sought and appeal rights. 5. Take action to recover following the right of appeal and fair hearing process.