Page 442

Child Care Assistance Program Policy Manual Issued 11/2021 Responsibility for overpayment 14.3 Family and provider overpayments If both the family and the provider benefited, assign an overpayment to both parties. Overpayments can be assigned to the family and provider only when both the family and the provider acted together to intentionally cause the overpayment. This means that both parties committed an Intentional Program Violation (IPV) and have been disqualified for fraud. See Chapter 13.3 (Fraud referrals), Chapter 13.6 (Disqualification for wrongfully obtaining assistance – Families), and Chapter 13.9 (Disqualification for wrongfully obtaining assistance – Providers). Both parties are jointly liable for the overpayment, regardless of who benefited from it. Recover the overpayment as outlined in Chapter 14.9 (Recovery methods). After the family or provider has completed their fraud disqualification period, as long as either party is in compliance with a repayment agreement, the party in compliance is eligible to receive child care assistance or to care for children receiving child care assistance, even if the other party is noncompliant with repayment arrangements. Once a family or provider becomes eligible again, the recovery method for that party switches from repayment to recoupment. Step two: Recoup or recover from the party who benefited See Chapter 14.9.6 (Recoupment – Families) and Chapter 14.9.9 (Recoupment – Providers). Legal authority Minnesota Statutes 119B.011, subds. 19 & 21 Minnesota Statutes 119B.095 Minnesota Statutes 119B.11, subd. 2a & subd. 3 Minnesota Statutes 119B.125, subd. 6 & 7 Minnesota Rules 3400.0140, subp.19 Minnesota Rules 3400.0187