14.9.15 Civil Recovery - Providers
ISSUE DATE: 03/2020
For information related to family overpayment recovery, see Chapter 14.9.12 (Civil Recovery – Families).
Use voluntary repayment or go through civil court to recover the overpayment if the provider no longer cares for children receiving child care assistance.
You may, but are not required to, recover the overpayment if the overpayment is less than $50.Fraud overpayments must be recovered regardless of the amount.
Seek voluntary repayment from the provider if the overpayment is $50 or more or resulted from fraud. Initiate civil court proceedings to recover the overpayment, if the provider does not cooperate with voluntary repayment, unless the costs of recovery exceed the amount of the overpayment or resulted from fraud.
A provider who has an overpayment is not eligible to care for children receiving child care assistance until the overpayment is paid in full, the provider is in compliance with a payment plan to repay the debt, or the debt is recouped following the rates in Chapter 14.9.9 (Recoupment – Providers).
Your agency is entitled to keep 25 percent of recovered overpayments.
Legal authority
Minnesota Statutes 119B.011, subd. 21
Minnesota Statutes 119B.11, subd. 2a
Minnesota Statutes 119B.125, subd. 7(e)
Minnesota Rules 3400.0187
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