Page 23

REV. AUGUST 20, 2007 NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 69-2007 HEALTH AND HUMAN SERVICES 392 NAC 3-011

3-011 Immunization: At the time of application, the client must agree to obtain immunizations according to state immunization guidelines for his/her child(ren) who is receiving child care subsidy. The following are exempt from the immunization requirement:

1. Children whose parents object to immunization on religious grounds; and 2. Children whose health would be harmed by immunization. This requires certification by a physician, certified nurse practitioner, or physician assistant. 3-012 Client Overpayments: The Department will attempt to recoup overpayments caused by the client’s error (failure to provide information, using child care for unauthorized purpose, etc.). When the overpayment appears to be the result of fraud, the case will be referred to the Special Investigation Unit, Central Office, or the Omaha Special Investigation Unit for Omaha cases. 3-013 Intentional Program Violation (IPV): Effective January 1, 2004, an individual who is found to have committed IPV is disqualified according to the following regulations. 3-013.01 Disqualification Hearing: A disqualification hearing will be initiated by the Central Office whenever sufficient documentary evidence has been established to substantiate that a household member has committed one or more acts of intentional program violation. An intentional program violation consists of any action by an individual to purposely: 1. Make a false statement to the local office, either verbally or in writing, to obtain benefits to which the household is not entitled;

2. Conceal information to obtain benefits to which the household is not entitled; or 3. Alter one or more documents to obtain benefits to which the household is not entitled. The worker must inform the household in writing of the disqualification penalties for committing IPV each time the household applies for benefits. The penalties are listed in clear and prominent lettering on the application form or attachment. 3-013.02 Initiating the Disqualification Hearing 3-013.02A Reporting Requirements: The worker must report cases of suspected IPV to the Special Investigations Unit (SIU), Central Office, or in Omaha, to the Omaha Special Investigations Unit. 3-013.02B Central Office Guidelines: The Central Office uses the following guidelines in determining the need for a disqualification hearing: 1. A disqualification hearing must be initiated regardless of the current eligibility status of the individual;

2. The burden of proving IPV is on the Department; and 3. The Central Office will not initiate a disqualification hearing against an accused individual whose case is currently being referred for prosecution or after any action taken against the accused individual by a court, if the factual issues of the case arise out of the same, or related, circumstances. 3-013.02C Disqualification Hearing Procedures: See 465 NAC 2-007.06 ff.