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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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12.3.9 Adverse Action Notices - Family

ISSUE DATE: 04/2016

Provide at least 15 calendar days notice to families before taking an adverse action on their case except when adverse action notice requirements are waived. See Chapter 12.1 (15-Day Notice Requirements) for the two exceptions.

Include the following in the written notice:

A description of the action you’re taking on the case.

The effective date of the action.

The reason for the action.

The basis for your action in statute, rule or your County and Tribal Child Care Fund Plan.

The right to appeal and receive a fair hearing and the procedure for doing so.

The choices available if they choose to appeal:

-

Continue to receive child care assistance at the previous level while the appeal is pending, and be responsible for any overpayments that may result.

OR

-

Accept the adverse action being taken, and potentially receive reimbursement for child care expenses incurred while the appeal is pending, if the family wins the appeal.

If the family corrects the condition requiring the adverse action before the effective date of the adverse action, the adverse action must not take effect.


OVERLAPPING ADVERSE ACTION PERIODS

Two reasons for case closure

If a 15-day adverse action closing notice is already in effect for one reason and prior to that original closing date a worker approves a second adverse action for case closure, the worker must give 15-day notice for each action. MEC2 cannot process overlapping adverse action periods when a case is closing. In cases where a second adverse action is given during the first 15-day notice period of case closure, workers need to send a manual adverse action notice and should add a worker comment to the second adverse action notice with the following information:

Explain that the case is still scheduled to close as of the date on the first notice.

Note that if the reason for the first closure is resolved prior to the effective date, the case will remain open until the closure date on the manual notice.

See also the MEC² User Manual Overlapping Adverse Action Periods Workaround.

COPAY INCREASE FOLLOWED BY CASE CLOSE

When a copay fee is supposed to increase in the future (first adverse action) and an approval to close the case is done prior to the effective date of the copay fee increase (due to a second adverse action), and then the case is approved eligible within 15 days of the effective date of the copay fee increase or the case is reinstated, the copay effective date will be later to allow for another 15 day notice.

See also the MEC² User Manual Copay Fee Changes

When a notice period is not required

A 15-day notice period is not required when:

A Minnesota licensed provider’s license has been temporarily, immediately suspended under Minnesota Statutes, section 245A.07.

OR

There is imminent risk of harm to the health, safety or rights of a child in the care of a legal nonlicensed provider, license exempt center, or a provider licensed by an entity other than the State of Minnesota.

When the action is not adverse a notice must be sent effective the date of the change. A 15-day notice is NOT required. Reasons can include increased authorized hours, decreased copayment, and continuation of payment awaiting appeal decision.

LEGAL AUTHORITY

Minnesota Rules 3400.0185, Subp. 3

Minnesota Rules 3400.0040, Subp. 4

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© 2017 Minnesota Department of Human Services Updated: 4/26/16 9:55 AM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 4/26/16 9:55 AM