Iowa Administrative Code › Agency 441 - Human Services Department › Title XV - Individual and Family Support and Protective Services › Chapter 170 - Child Care Services › Rule 441-170.9 - Child Care Assistance Overpayments

Current through Register Vol. 47, No. 3, July 24, 2024
All child care assistance overpayments shall be subject to
				  recoupment.
(1)
Notification
				and appeals
. All clients or providers shall be notified as described
				at subrule 170.9(6), when it is determined that an overpayment exists.
				Notification shall include the amount, date and reason for the overpayment. The
				department shall provide additional information regarding the computation of
				the overpayment upon the client's or provider's request. The client or provider
				may appeal the computation of the overpayment and any action to recover the
				overpayment in accordance with 441-paragraph
				7.4(3)
"i."
(2)
Determination of overpayments
. All overpayments due to client,
				provider, or agency error or due to benefits or payments issued pending an
				appeal decision shall be recouped. Overpayments shall be computed as if the
				information had been acted upon timely.
(3)
Benefits or payments issued
				pending appeal decision
. Recoupment of overpayments resulting from
				benefits or payments issued pending a decision on an appeal hearing shall not
				occur until after a final appeal decision is issued affirming the
				department.
(4)
Failure to
				cooperate
. Failure by the client to cooperate in the investigation of
				alleged overpayments shall result in ineligibility for the months in question
				and the overpayment shall be the total amount of assistance received during
				those months. Failure by the provider to cooperate in Ch 170, p.26 Human
				Services IAC 4/5/23 the investigation of alleged overpayments shall result in
				payments being recouped for the months in question.
(5)
Payment agreement
. The
				client or provider may choose to make a lump-sum payment or make periodic
				installment payments as agreed to on the notification form issued pursuant to
				subrule 170.9(6). Failure to negotiate an approved payment agreement may result
				in further collection action as outlined in 441-Chapter 11.
(6)
Procedures for
				recoupment
.
a. When the department
				determines that an overpayment exists, the department shall refer the case to
				the department of inspections and appeals for investigation, recoupment, or
				referral for possible prosecution.
b. The department of inspections and appeals
				shall initiate recoupment by notifying the debtor of the overpayment on Form
				470-4530.
c. When financial
				circumstances change, the department of inspections and appeals has the
				authority to revise the recoupment plan.
d. Recoupment for overpayments due to client
				error or due to an agency error that affected eligibility shall be made from
				the parent who received child care assistance at the time the overpayment
				occurred. When two parents were in the home at the time the overpayment
				occurred, both parents are equally responsible for repayment of the
				overpayment.
e. Recoupment for
				overpayments due to provider error or due to an agency error that affected
				benefits shall be made from the provider.
f. Recoupment for overpayments caused by both
				the provider and client shall be collected from both the provider and client
				equally, 50 percent from the client and 50 percent from the provider.