Section 7 AAC 41.425 - Penalties for an intentional program violation(a) A family found to have committed a child care assistance intentional program violation is subject to the following penalties: (1) for the first child care assistance intentional program violation resulting in no dollar loss to the department, the department will impose a requirement limiting the family to a specific provider type appropriate to help ensure compliance for six months;(2) for the first child care assistance intentional program violation resulting in a dollar loss to the department, the department will impose (A) a requirement limiting the family to a specific provider type appropriate to help ensure compliance for six months;(B) a 10 percent reduction in child care assistance benefits for six months; and(C) an obligation to repay the child care assistance program loss attributable to the intentional program violation regardless of the family's continued participation;(3) for the second child care assistance intentional program violation regardless of dollar loss, the department will impose one or more of the following: (A) a requirement limiting the family to a specific provider type appropriate to help ensure compliance for 12 months;(B) a 20 percent reduction in child care assistance benefits for 12 months;(C) an obligation to repay the child care assistance program loss attributable to the intentional program violation regardless of the family's continued participation;(4) for the third child care assistance intentional program violation regardless of dollar loss, the department will impose an obligation to repay the child care assistance program loss attributable to the intentional program violation and permanently terminate a family from the program, including terminating authorizations.(b) A provider found to have committed a child care assistance intentional program violation resulting in a loss of over $ 100 is subject to the following penalties; (1) for the first child care assistance intentional program violation, the department impose the following requirements on the provider for continued participation in the child care assistance program; (A) timely compliance with any corrective action plan issued by the department;(B) repayment of the child care assistance program loss attributable to the intentional program violation in accordance with the department's established repayment plan and deadline; and(C) cooperation with heightened and more frequent departmental reviews;(2) for the second child care assistance intentional program violation, the department will impose a suspension from participation in the child care assistance program for six months, after which the department will require the following before the provider may again participate: (A) timely compliance with any corrective action plan issued by the department;(B) repayment of the child care assistance program loss attributable to the intentional program violation in accordance with the department's established repayment plan and deadline; and(C) cooperation with heightened and more frequent departmental reviews;(3) for the third child care assistance intentional program violation, the department will (A) permanently disqualify the provider from participation in the child care assistance program;(B) remove the name of the provider from the list of eligible providers that is maintained under 7 AAC 41,445; and(C) impose on the provider an obligation to repay the child care assistance program loss attributable to the intentional program violation.(c) The department will or designee shall notify families participating in the program upon a provider's suspension or termination from the program. Care authorized for the month when die suspension or termination occurred remains effective but will be cancelled for any future months.(d) A provider may request payment from the department for services provided under this chapter during the month the suspension or termination is determined. A provider may not request payment from the department for services provided under this chapter during the remaining period of suspension, or for services provided after termination from the program.(e) The department will remove a suspended provider from the list of eligible providers that is maintained under 7 AAC 41.445, effective the date the department issues its final decision. If the provider continues to meet the applicable requirements of this chapter, die department will reinstate a provider to the list of eligible providers after the end of the provider's period of suspension.(f) If termination from the program is imposed, the department will remove a provider from the list of eligible providers that is maintained under 7 AAC 41.445, effective the date the department issues its final decision. A termination imposed by a final department decision is permanent and the family or provider may not be approved to participate in the program as either a family or provider.Eff. 6/23/2006, Register 178; am 1/5/2017, Register 221, April 2017Authority:AS 47.05.010
AS 47.25.001