Page 96

94

Fraud refers to willful and intentional noncompliance that is engaged in in order to receive personal or financial gain. In the case of EAP, this would mean receiving a larger benefit than one is actually eligible to receive, or receiving a benefit when one is in fact not eligible to receive one. All fraud is noncompliance, but not all noncompliance is fraud – intent must be able to be demonstrated. Fraud is a criminal act. In general, fraud may be engaged in by applicants, subrecipient staff, or utility/fuel vendors. Waste refers to thoughtless or careless expenditure, mismanagement, or mishandling of resources to the potential or actual detriment of a government agency. In general, waste may be engaged in by subrecipient staff or utility/fuel vendors. Abuse refers to excessive or improper use of resources, or the use of resources in a manner contrary to the legal rules for their use. In general, and abuse may be engaged in by subrecipient staff or utility/fuel vendors.

Investigation Procedures When an LSP receives a whistleblower report of fraud, waste, or abuse, the allegation must always be taken seriously. The following steps must be taken should a report occur. Communication must be made to IHCDA’s Community Programs Manager – EAP, via eap@ihcda.in.gov, within forty-eight (48) hours of the report being received. LSPs must conduct an investigation of the alleged activity and produce a written report within thirty (30) days that details the allegations that were made, the methods used to conduct the investigation, the relevant information considered, and the conclusions and findings of the investigation. The investigation may include the collection of additional information and documentation from members of the applicant household; however, the household must not be told at any time that they are under investigation. Upon completion, the report is to be sent via e-mail to IHCDA’s Community Programs Manager – EAP for review. Within fourteen (14) days, the Community Programs Manager will either accept the investigative report, or return it with feedback, questions, or suggestions based on the evidence available. Upon Community Programs Manager acceptance, the investigative report is to be uploaded to EAPConnect as part of the application file and the LSP may formally close the investigation. What Happens After the Investigation? If the investigation determines that noncompliant or fraudulent activity is not supported by the evidence, the LSP does not need to take any further action. If the investigation results in the conclusion that the subject of the investigation engaged in noncompliant or fraudulent activity, the LSP must take and document action in response.