Section R986-700-730 - Audits and Investigations(1) The Department has the right to investigate a child care provider and audit the provider's records. (a) An audit or investigation may be performed by a person or entity under contract with the Department, a Department employee, or other person authorized by the Department to obtain information on behalf of the Department.(b) A provider must cooperate with an investigation or audit to determine ongoing client eligibility or if client eligibility was correctly determined.(2) A client or a provider must cooperate with any investigation or audit in a timely manner. (a) A timely manner means ten business days for written or electronic documentation and two business days to return a phone call or email request.(b) Cooperation means timely: (i) providing information and verification of any record as requested by the Department;(ii) returning a telephone call; and(iii) responding to an email request.(c) Cooperation with an audit includes submitting a written statement that the person chooses not to respond to an audit finding included in a draft audit report.(3) If a client fails to cooperate with an investigation or audit without good cause, the case will be referred to the public assistance overpayments unit and the client may be found liable for an overpayment.(4) If a provider fails to cooperate with an investigation or audit without good cause, or fails to keep an accurate and complete time and attendance record for three years without good cause, CC payment may be withheld until the provider cooperates and the Director of OCC may recommend disqualifying the provider pursuant to Sections R986-700-733 and R986-700-734. The provider will also be referred to the public assistance overpayments unit and the provider may be found liable for an overpayment. (a) If a provider significantly impairs or unnecessarily delays an audit or investigation, CC payment may be withheld and the Director of OCC may recommend disqualifying the provider pursuant to Sections R986-700-733 and R986-700-734.(5) Good cause. Good cause is limited to circumstances where the client or provider can show that the reason for the failure to cooperate, to timely respond to a request, or to provide or keep a record was due to circumstances beyond the client or provider's control or were compelling and reasonable.(6) Providing incomplete or incorrect information will be treated as a failure to cooperate if the incorrect or insufficient information results in an improper decision with regard to eligibility.(7) A provider has the burden of proof to demonstrate the provider actually provided care to any CC client for which it receives CC payment.Utah Admin. Code R986-700-730
Adopted by Utah State Bulletin Number 2020-03, effective 1/9/2020Amended by Utah State Bulletin Number 2020-10, effective 5/9/2020