Section 441.170.5. Adverse actions.

         170.5(1) Provider agreement. The department may refuse to enter into or may revoke the Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S), if any of the following occur:

            a.               The department finds a hazard to the safety and well-being of a child, and the provider cannot or refuses to correct the hazard.

            b.               The provider has submitted claims for payment for which the provider is not entitled.

            c.               The provider fails to cooperate with an investigation conducted by the department of inspections and appeals to determine whether information the provider supplied to the department regarding payment for child care services is complete and correct. Once the agreement is revoked for failure to cooperate, the department shall not enter into a new agreement with the provider until cooperation occurs.

            d.               The provider does not meet one of the applicable requirements set forth in subrule 170.4(3).

            e.               The provider fails to comply with any of the terms and conditions of the Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S).

            f.                The provider submits attendance documentation for payment and the provider knows or should have known that the documentation is false or inaccurate.

            g.               An overpayment of CCA funds with a balance of $3,000 or more exists for a provider and that provider fails to enter into a repayment agreement with the department of inspections and appeals (DIA) or does not make payments according to the repayment agreement on file with DIA.

            h.               The provider is found to have more children in care at one time than allowed for the provider type as found at rule 441—110.4(237A) and 441—subrules 110.8(1), 110.9(1), 110.10(1) and 170.4(3).

         170.5(2) Denial. Child care assistance shall be denied when the department determines that:

            a.               The client is not in need of service; or

            b.               The client is not financially eligible; or

            c.               There is another resource available to provide the service or a similar service free of charge that allows parents to select from the full range of eligible providers; or

            d.               An application is required and the client or representative refuses or fails to sign the application form; or

            e.               Funding is not available; or

            f.                The client refuses or fails to supply information or verification requested or to request assistance and authorize the department to secure the required information or verification from other sources (signing a general authorization for release of information to the department does not meet this responsibility); or

            g.               The client fails to cooperate with a quality control review or with an investigation conducted by the department of inspections and appeals.

         170.5(3) Termination. Child care assistance may be terminated when the department determines that:

            a.               The client no longer meets the eligibility criteria in subrule 170.2(2); or

            b.               The client’s income exceeds the financial guidelines; or

            c.               The client refuses or fails to supply information or verification requested or to request assistance and authorize the department to secure the required information or verification from other sources (signing a general authorization for release of information to the department does not meet this responsibility); or

            d.               No payment or only partial payment of client fees has been received within 30 days following the issuance of the last billing; or

            e.               Another resource is available to provide the service or a similar service free of charge that allows parents to select from the full range of eligible providers; or

            f.                Funding is not available; or

            g.               The client fails to cooperate with a quality control review or with an investigation conducted by the department of inspections and appeals.

         170.5(4) Reduction. Authorized units of service may be reduced when the department determines that:

            a.               Continued provision of service at the current level is not necessary to meet the client’s service needs; or

            b.               Another resource is available to provide the same or similar service free of charge that will meet the client’s needs and allow parents to select from the full range of eligible providers; or

            c.               Funding is not available to continue the service at the current level. When funding is not available, the department may limit on a statewide basis the number of units of child care services for which payment will be made.

        170.5(5) Provider agreement sanction. If a Child Care Assistance Provider Agreement, Form 470-3871 or 470-3871(S), is terminated for any of the reasons in subrule 170.5(1), the agreement shall remain terminated for the time periods set forth below:

            a.               The first time the agreement is terminated, the provider may reapply for another agreement at any time.

            b.               The second time the agreement is terminated, the provider may not reapply for another agreement for 12 months from the effective date of termination.

            c.               The third or subsequent time the agreement is terminated, the provider may not reapply for another agreement for 36 months from the effective date of termination.

            d.               The department shall not act on an application for a child care assistance provider agreement submitted by a provider during the sanction period.

[ARC 7740B, IAB 5/6/09, effective 6/10/09; ARC 8506B, IAB 2/10/10, effective 3/1/10; ARC 9651B, IAB 8/10/11, effective 10/1/11; ARC 1893C, IAB 3/4/15, effective 7/1/15]