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746 Chapter 3:Processes and procedures • Section 5: Program integrity (07/2026) • Each adult in the filing group or required to be in the filing group is liable for an overpayment if the individual was not eligible for the payment. This is referred to as the individual-liable overpayment. Each adult in the filing group or required to be in the filing group is liable for an individual overpayment, and a provider is liable for an overpayment caused by the provider. The individual and provider are jointly liable for an overpayment caused by both. In situations where there is joint liability, the amount of the overpayment cannot exceed the total benefit amount. In the case of an alleged provider overpayment, a provider’s failure to provide adequate records of care creates a rebuttable presumption that the care was not provided. An adult who cosigned an application with a minor provider applicant is liable for an overpayment incurred by the minor provider. Use this general rule of thumb in figuring out who is liable for the overpayment: • If the provider provided the child care service and the individual is not eligible, it is the individual’s overpayment. • If the provider did not provide the service or was not eligible and the individual is eligible, it is a provider overpayment. • If both the provider and individual were not eligible, it is a joint liability overpayment. The following questions should be used to determine who is liable for a child care overpayment: • Were the individual and/or child eligible for child care services? This means the individual and/or child were:
Engaged in an activity that made the individual eligible for child care, and
Eligible for child care benefits YES – Go to next step. NO – Write OVP for the individual or administrative error. • Is the provider eligible for approved listing status? YES – Go to next step. NO – Write OVP for provider. • Did the provider on the billing form provide the child care services? YES – Go to next step. NO – Write OVP for provider. • Did the provider bill for the appropriate number of child care hours based on ERDC program policy? YES – Go to next step. NO – Write OVP for provider. • Was child care billed at correct rate? YES – Go to next step. NO – Write OVP for provider. • Did ODHS|OHA data entry make the correct payment? YES – Go to next step. NO – Write OVP as administrative error for provider. • Is there evidence the parent and provider collaborated to receive a payment for which they were not eligible (other than parent signature on billing form)?
This means the parent was not eligible for the service and the provider was not eligible to provide or did not provide the child care.