Kentucky Administrative Regulations › Title 922 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - PROTECTION AND PERMANENCY › Chapter 2 - Day Care › Section 922 KAR 2:020 - Child Care Assistance Program (CCAP) improper payments, claims, and penalties

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 23A.010, 45.237-45.241, 194A.060,
				45 C.F.R.
				98,
				205.50,
				42 U.S.C.
				601-619,
				9857-9858q
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations necessary to operate programs and fulfill the
				responsibilities vested in the cabinet, qualify for the receipt of federal
				funds, and cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				KRS
				199.8994 requires the cabinet to administer
				all child care funds to the extent allowable under federal law or regulation
				and in a manner which is in the best interest of the clients to be served.
				45 C.F.R.
				98.60(i) and
				KRS
				45.237(4) require the
				cabinet, as the lead agency for Kentucky, to recover child care payments that
				are the result of fraud or improper payment. This administrative regulation
				establishes procedures for improper payments, claims, and penalties used by the
				cabinet in the administration of the Child Care Assistance Program
				(CCAP).
Section 1. Definitions.
(1) "Agency error" means an error on the part
			 of the cabinet or its designee.
(2)
			 "Cabinet" means the Cabinet for Health and Family Services or its
			 designee.
(3) "Child Care
			 Assistance Program" or "CCAP" means Kentucky's child care subsidy program
			 providing families, who meet the eligibility requirements of
			 922 KAR 2:160, with the financial
			 resources to find and afford quality child care.
(4) "Child care provider" means the
			 individual, business, or business proprietor who is receiving, or has received,
			 payment for child care services under CCAP.
(5) "Claim" means an amount owed to the
			 cabinet as a result of an overpayment of CCAP.
(6) "Claimant" means a current or former CCAP
			 recipient or child care provider subject to a claim.
(7) "Compromise a claim" means accepting less
			 than the full value of a claim.
(8)
			 "Hearing officer" is defined by
			 KRS
			 13B.010(7).
(9) "Improper payment" is defined by
			 KRS
			 45.237(1)(f) or
			 45 C.F.R.
			 98.100(d).
(10) "Inadvertent error claim" means an
			 overpayment resulting from a misunderstanding or unintended error on the part
			 of a recipient or a child care provider.
(11) "Intentional program violation" or "IPV"
			 means a CCAP recipient or child care provider having intentionally:
(a) Made a false or misleading statement;
			 or
(b) Misrepresented, concealed,
			 or withheld facts.
(12)
			 "Overpayment" means a CCAP payment which exceeded the amount a CCAP recipient
			 or a child care provider was eligible to receive.
(13) "Recipient" means a family who has been
			 found eligible for CCAP.
(14)
			 "Terminate a claim" means ceasing all collection actions on a claim.
(15) "Underpayment" means a payment which was
			 less than the amount a recipient or a child care provider was eligible to
			 receive.