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Child Care Assistance Program Policy Manual Issued 07/2023 Adverse action notices – Providers 12.6.6 administrative review is allowed Providers receive this type of notice when there has been a payment stop or a payment suspension due to an investigation. When the agency that takes the action (the Department of Human Services or CCAP agency) issues a payment stop or a payment suspension, all payments to the provider stop, including for past services already provided but not yet been billed. The agency that takes the action must mail written notice to the provider within five days of suspending payment or denying or revoking the provider’s authorization. The adverse action notice includes: • The legal authority used to take the action; • The general allegations leading up to the action; • Explanation that the action is temporary and outlines the circumstances when the payment stop may be lifted; and • The provider’s right to request an administrative review by submitting written evidence and argument to DHS. Prior to taking action to stop a provider’s payments, the CCAP agency must contact DHS and have this policy in their County and Tribal Child Care Fund Plan. Notice to providers of adverse actions against the provider when an administrative reconsideration is allowed Providers receive this type of notice when DHS temporarily withholds their payments due to a credible allegation of fraud. When DHS withholds payments for this reason, all payments to the provider stop, including for past services already provided but not yet billed. DHS must mail written notice to the provider within five days of withholding the provider’s payment. The adverse action notice must: • State the legal authority used to withhold payments; • Lay out the general allegations leading up to the action; • Explain that the action is temporary and outlines the circumstances when the payment withhold may end; and • Tell the provider of their right to contest the payment withhold by submitting written evidence to DHS. Legal authority Minnesota Statutes 119B.16 Minnesota Statutes 119B.161 Minnesota Statutes 245.095, subd. 5 Minnesota Rules 3400.0185, subp. 4 Minnesota Rules 3400.0040, subp. 4