049-1 Wyo. Code R. § 1-4

Current through April 27, 2019
Section 1-4 - DFS- ORP Responsibilities for Referral For Investigation

(a) CO-DFS shall accept referrals for investigation of possible overpayments for the following programs:

  • (i) Aid to Families with Dependent Children (AFDC);
  • (ii) Aid to Families with Dependent Children of Unemployed Parents (AFDC-UP).
  • (iii) Child Care (CC) (includes low income and non-IV-E Foster children), AFDC Working Child Care (includes IV-E Foster children), Transitional CC, Food Stamps E&T Participants and At-Risk and Child Care and Development Block Grant (Block Grant);
  • (iv) Emergency Assistance (EA);
  • (v) Food Stamps (FS) (includes employment and training program);
  • (vi) General Assistance (GA) (excludes loans and interim assistance);
  • (vii) Individual Family Grant (IFG);
  • (viii) Interim Assistance (IA);
  • (ix) Low Income Energy Assistance Program (LIEAP);
  • (x) Medicaid (ME) (for all coverage groups--eligibility overpayments only);
  • (xi) Minimum Medical Program (MMP);
  • (xii) Old Age Assistance (OAA);
  • (xiii) Refugee Assistance (RA);
  • (xiv) Social Services (SS) (includes client and provider purchased services such as IV-E Foster Care, IV-E Subsidized Adoption, State Foster Care and State Subsidized Adoption, Chins, MMP-Foster Kids and Subsidized Adoption);
  • (xv) State Hospital Placement (SHP);
  • (xvi) State Licensed Sheltered Care (SLSC);
  • (xvii) The Emergency Food Assistance Program (TEFAP);
  • (xviii) Wyoming Opportunities for Work - Supportive Services (WOW-SS); and
  • (xix) other programs as assigned.

(b) DFS shall consider the following as sources of information and/or referrals of possible overpayments:

  • (i) Notices of Retained Child Support or memorandums from the Self-Sufficiency Unit with evidence the absent parent is in the home;
  • (ii) Complaints from any person or agency made in person, by telephone or in writing stating an individual or household's eligibility or benefit amount may be affected by failure to report a fact(s) or misrepresentation of a fact(s);
  • (iii) External audits or reviews, such as but not limited to:
    • (A) state or federal audits or reviews;
    • (B) quality control reviews; and
    • (C) management evaluation reviews;
  • (iv) Internal reviews, such as but not limited to:
    • (A) periodic reviews (AFDC);
    • (B) entitlement and authorization reviews (CC);
    • (C) recertification (FS);
    • (D) monthly reports;
    • (E) management, quality assurance, supervisory or second party reviews; and
    • (F) reapplications.

(c) FO-DFS shall refer ongoing cases for fraud investigation to DFS-ORP Investigators so the cases may be reviewed for indicators to determine whether possible fraud may exist.

(d) Cases shall be approved and referred for investigation only when:

  • (i) the issue affects eligibility; and
  • (ii) the documentation in the case file indicates the client was advised of the responsibility to report the income, resources, or household composition; and
  • (iii) the required verifications have been obtained; and
  • (iv) policy has been applied correctly to determine eligibility and calculate benefits.

(e) DFS-ORP will prioritize the cases received based on the ability to investigate with the likelihood of successful prosecution as follows:

  • (i) unreported income cases which would result in an overpayment of total assistance in excess of $500;
  • (ii) unreported resources which would cause ineligibility;
  • (iii) child out of the home using school, child care, and/or preschool records along with statements from friends or relatives;
  • (iv) household composition using landlords, contracts, utilities, telephone and city directory listings.

(f) DFS-ORP will take the following actions when the criteria in (e) has been met:

  • (i) analyze the referral to determine what issue(s) is/are involved;
  • (ii) obtain the necessary verification;
  • (iii) ascertain what evidence FO-DFS has provided;
  • (iv) look for the conduct that indicates the violation;
  • (v) identify the eligibility criteria the conduct violates;
  • (vi) choose to notify the client of the investigation where notice will not prejudice the case or make evidence more difficult to obtain;
  • (vii) obtain evidence;
  • (viii) notify FO-DFS of the facts;
  • (ix) make recommendations and request the evidence necessary to continue the investigation; and
  • (x) assure that FO-DFS takes the appropriate action on the case to redetermine eligibility, recalculate and establish the amount of the benefit(s), and determine and establish the amount of the resulting overpayment(s).

049-1 Wyo. Code R. § 1-4