Page 280

Child Care Assistance Program Policy Manual Issued 07/2023 Payments to providers 9.3 • Clause 2: The agency finds by a preponderance of evidence that the provider intentionally gave materially false information on the billing forms and/or attendance records. • Clause 3: The provider violates CCAP rules, until the violations have been corrected. • Clause 4: The provider is operating after receipt of a DHS licensing order of suspension, revocation, or decertification (this occurs when providers are appealing the revocation, suspension, or decertification). • Clause 5: The provider submits false attendance reports or refuses to provide attendance records upon request. • Clause 6: The provider gives false child care price information. • Clause 7: The provider fails to report on the billing form when a child’s attendance in child care falls to less than half of the child’s authorized hours or days for a four-week period. Implementation To implement these clauses, CCAP agencies must include them in their County and Tribal Child Care Fund Plan. CCAP agencies who choose to include any clause(s) in their County and Tribal Child Care Fund Plan must apply the policies consistently to providers. If your agency wants to implement a clause that is not included in your County and Tribal Child Care Fund Plan, your plan must be amended prior to implementation. To amend your County and Tribal Child Care Fund Plan, contact your policy specialist. DHS Notification Refer or notify the DHS Office of Inspector General (OIG) Child Care Provider Fraud Investigations Unit of providers you have program integrity concerns about, such as concerns about record keeping practices, and/or providers you suspect of fraud. CCAP agencies are encouraged to use the Child Care Provider Investigations Communications DHS-6811 (PDF) form to inform the OIG of all child care provider investigations. See Chapter 13.3 (Fraud referrals). Notify your policy specialist at least 10 days prior to closing a provider’s registration or taking any other action to enforce any of these policies (with the exception of clause 4 as noted below). Notification is required in all situations, even if the provider is only registered in one agency, to ensure the provider receives proper notice and appeal rights. NOTE: CCAP agencies do not need to notify their policy specialist prior to implementing clause four for licensed family child care providers when notified by the department (see below about a periodic list the department sends CCAP agencies regarding clause 4). Clauses One and Two For clauses one and two, CCAP agencies must complete a provider fraud referral and pursue an Intentional Program Violation (IPV) disqualification. See Chapter 13.9 (Disqualification for wrongfully obtaining child care assistance – Providers). The provider’s registration stays closed and payments are stopped until: • The Department of Human Services (DHS) determines there is insufficient evidence to continue the action; or • The Department of Human Services (DHS) or a CCAP agency decides not to pursue further administrative remedy under Minnesota Statutes, chapter 245E or section 256.98; or