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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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14.12.6 Disqualification for Fraud - Providers

ISSUE DATE: 10/2018

Disqualify child care providers who have committed an Intentional Program Violation (IPV). An IPV disqualification can be established by any of the following:

  • · Court conviction
  • · Signed Disqualification Consent Agreement (DCA) DHS-3429A (PDF).
  • · Pre-trial diversion
  • · Administrative Disqualification Hearing (ADH) finding
  • · Signed Waiver of an Administrative Disqualification Hearing (ADH) DHS-3131A (PDF).
  • · Court-ordered stay which carries with it any other probationary terms or conditions.
  • Do NOT disqualify a provider from CCAP unless an IPV has been established through one of these methods.

    Disqualify the provider from receiving CCAP payments for the following lengths of time when the provider is found to have committed an IPV:

  • · One year for the first offense
  • · Two years for the second offense
  • · Permanently for any subsequent violation.
  • Notices and termination

    You must inform the child care provider of their responsibilities and rights and of the penalties for intentional program violations. Failure to give a provider this penalty warning will lead to the dismissal of any ADH. The Child Care Provider Responsibilities and Rights DHS-4079-ENG (PDF) includes the penalty warning required for the ADH process.

    If your county or tribe chooses to use an agency-developed provider acknowledgement or authorization form, you must include the penalty warning, and the responsibilities and rights listed in Child Care Provider Responsibilities and Rights DHS-4079-ENG (PDF). Failure to include the penalty warning and the provider’s responsibilities and rights on an agency developed form will lead to the dismissal of any ADH process. All agency-developed forms used to administer CCAP must be approved by DHS prior to use. Contact your agency’s policy specialist for form approval.

    Once an IPV has been established, send the Child Care Assistance Program (CCAP) Notice of Program Disqualification for CCAP Providers DHS-3134A-ENG (PDF), and if the provider’s registration is open, send a 15 day notice. See Chapter 12 (Notices).

    This disqualification is not appealable through an administrative hearing. The disqualification is only appealable through district or appellate court. The disqualification remains in effect, without possibility of administrative stay, unless the findings are later reversed by a court of appropriate jurisdiction.

    The effective date of the disqualification period is the later of:

  • · The effective date of the CCAP termination notice

    OR
  • · The date of the IPV determination. Examples include:
  • - Date of the signed Disqualification Consent Agreement
  • - Date of the signed Administrative Disqualification Hearing Waiver
  • - Date of the Administrative Disqualification Hearing decision or court decision.
  • The disqualification period must be immediately applied. Keep all records regarding the disqualification in the provider’s file.

    Entering disqualification periods in MEC²

    If the provider is active at the time the disqualification is entered, MEC² will give a 15-day notice to close the provider’s registration and all Service Authorizations. The disqualification period will be calculated for the full amount of time.

    If the provider is closed at the time the disqualification is entered, MEC² will calculate the disqualification period based on when the disqualification is entered. The disqualification date must align with the IPV determination date. Contact the TSS Help Desk if the disqualification period needs to be patched.

    Legal authority

    Minnesota Statutes 256.98, subd. 8(c)

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    © 2018 Minnesota Department of Human Services Updated: 10/1/18 12:30 PM | Accessibility | Terms/Policy | Contact DHS | Top of Page | Updated: 10/1/18 12:30 PM