How is this decided?
If CCAP paid for more care than the family was eligible to receive, the family benefited. Assign the overpayment to the family except in the situations identified below as provider overpayments.
Examples of when overpayments may be assigned to the family include when:
When the family did not benefit from an overpayment, but the provider received more child care assistance than was correct, assign the overpayment to the provider.
Examples of when overpayments may be assigned to the provider include when:
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 14.12 (Fraudulently obtaining child care assistance), Chapter 14.12.3 (Disqualification for fraud – Families), and Chapter 14.12.6 (Disqualification for fraud – 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.
See Chapter 14.9.6 (Recoupment – Families) and Chapter 14.9.9 (Recoupment – Providers).
Minnesota Statutes 119B.011, subd. 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