Section 1-13 - Overpayment, Recovery or Fraud Referral (a) An overpayment claim shall be filed against an assistance unit when it is discovered the assistance unit received benefits to which it was not eligible.
(b) The overpayment shall be established from the date the overpayment occurred.
(c) An overpayment claim shall be filed against a child care provider when: - (i) The provider overcharged the agency.
- (ii) The provider misrepresented or gave false information on the Bill for Child Care Services.
- (iii) The provider hired a person as a substitute who did not meet the substitute definition.
- (iv) The provider misrepresented the information on the Provider Registration Form and would not have been eligible as a child care provider.
(d) An overpayment claim shall be filed against either the provider and/or assistance unit, whichever is appropriate, when it is discovered that the agency created the overpayment. - (i) The overpayment shall begin with the month the change would have been effective had the DFS-FO acted timely and correctly.
- (ii) A claim shall be filed against the provider when the child still attends care with that provider.
- (iii) A claim shall be filed against the assistance unit when the child no longer attends that child caring facility.
- (iv) An overpayment to a provider currently receiving child care payments or benefits shall be recovered through a reduction in the amount payable to the provider.
- (v) Up to the total amount of payment the provider is eligible to receive may be recovered from the provider before payment is issued.
- (vi) Recoupment of child care overpayments may be made from POWER benefits upon a voluntary written request of the assistance unit.
- (vii) Overpayments to individuals may be recovered from the assistance unit which was overpaid, from individuals who were members of the assistance unit when overpaid, or from an assistance unit which includes members of a previously overpaid assistance unit. In cases of former recipients or recipients who refuse to repay, recovery shall be made by appropriate action under State law against the income and resources of the overpaid individual or assistance unit.
- (viii) Underpayments and overpayments may be offset against each other in correcting incorrect payments.
(e) An overpayment and recovery shall be established in all cases of client fraud and in all cases where the overpayment amount would equal or exceed the costs of recovery. - (i) Cases in which it appears the client purposely misreported or failed to report information for more than one (1) payment month, or the circumstances are the same as previous program offenses, shall be referred to the DFS Fraud and Recovery Unit for possible prosecution or intentional program violation.
- (ii) Penalties and procedures shall follow those set forth in the Fraud and Recovery Unit Rules.
049-1 Wyo. Code R. § 1-13