Iowa Admin. Code r. 441-93.12 - [Effective 7/1/2025] Recovery of PROMISE JOBS expense payments
When an applicant, a participant, or a provider receives an expense payment for transportation or other supportive expenses that is greater than allowed under these rules or receives a duplicate payment of an expense payment, an overpayment is considered to have occurred and recovery is required. There are two categories of PROMISE JOBS expense payments subject to recovery:
(1) transportation,
and
(2) other supportive expense
payments.
(1) Payment for
transportation will be considered an overpayment subject to recovery in the
following instances:
a. When the participant
attends none of the scheduled days of participation in a PROMISE JOBS activity,
the entire transportation payment will be considered an overpayment. Recovery
of the overpayment will be initiated when it becomes clear that subsequent
participation in the activity is not possible.
b. When the participant fails to attend 75
percent of the normally scheduled days of participation in either of the last
two months of an ongoing PROMISE JOBS activity or in any transportation payment
period of an activity that has not been used for payment adjustment as
described in paragraph 93.11(3)"d," an overpayment is
considered to have occurred. The amount to recover will be the difference
between the amount for the actual number of days attended and the amount for 75
percent of normally scheduled days.
(2) The PROMISE JOBS worker shall make the
referral to the department of inspections, appeals, and licensing by recording
the overpayment in the overpayment recovery system.
(3) The department of inspections, appeals,
and licensing shall notify the participant or the provider when it is
determined that an overpayment exists as described in 441-paragraph
7.4(3)"h."
a. Notification
shall include the amount, date, and reason for the overpayment. Upon the
participant's request, PROMISE JOBS shall provide additional information
regarding the computation of the overpayment.
b. The participant may appeal the computation
of the overpayment and any action to recover the overpayment through benefit
reduction in accordance with 441-paragraph
7.4(3)"h."
(4) A PROMISE JOBS overpayment shall be
recovered through repayment in part or in full. Repayments received by PROMISE
JOBS shall be transmitted to the department.
a. Overpayments of child care assistance
issued for July 1999 and any month thereafter are subject to recovery rules of
the child care assistance program set forth in rule
441-170.9 (237A).
b. Reserved.
(5) When a participant or a provider offers
repayment in part or in full before the end of the 30-day appeal period,
PROMISE JOBS or the department's local office will accept the payment. The
amount of the voluntary repayment shall not be returned to the participant or
provider unless the final decision on the appeal directs the department to do
so. If a subsequent appeal request is received, the PROMISE JOBS unit shall
notify the department of inspections, appeals, and licensing and shall not
accept any further payments on the claim.
(6) When a participant or a provider has been
referred to the department of inspections, appeals, and licensing to initiate
recovery, the department of inspections, appeals, and licensing shall use the
same methods of recovery as are used for the FIP program as described in
481-Chapter 90, except that the FIP grant shall not be reduced to effect
recovery without the participant's written permission.
a. When the participant requests grant
reduction on a form prescribed by the department, the grant will be reduced for
repayment as described in rule
441-46.25 (239B).
b. The department of inspections, appeals,
and licensing is authorized to take any reasonable action to effect recovery of
provider overpayments, such as but not limited to informal agreements, civil
action, or criminal prosecution. However, the department of inspections,
appeals, and licensing shall not take any collection action on a provider
overpayment that would jeopardize the participant's continued participation in
the PROMISE JOBS program.
Notes
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When an
(1) transportation, and
(2) other supportive expense payments.
(1) The PROMISE JOBS worker shall notify the department of inspections and appeals (DIA) to record the overpayment in the overpayment recovery system. The outstanding balance of any overpayments that occurred before July 1, 1990, shall be treated in the same manner.
(2) The department of inspections and appeals shall notify the participant or the provider when it is determined that an overpayment exists, as described at 441-paragraph 7.4(3)"i."
a. Notification shall include the amount, date, and reason for the overpayment. Upon the participant 's request, the local office shall provide additional information regarding the computation of the overpayment.
b. The participant may appeal the computation of the overpayment and any action to recover the overpayment through benefit reduction in accordance with 441-paragraph 7.4(3)"i." If a participant or provider files an appeal request, the PROMISE JOBS unit shall notify the DIA within three working days of receipt of the appeal request.
(3) A PROMISE JOBS overpayment shall be recovered through repayment in part or in full. Repayments received by the PROMISE JOBS unit shall be transmitted to the Department of Human Services, Cashier's Office, 1305 E. Walnut Street, Des Moines, Iowa 50319-0114.
a. Overpayments of PROMISE JOBS child care issued for any month before July 1999 shall be subject to recovery rules of the PROMISE JOBS program .
b. Overpayments of child care assistance issued for July 1999, and any month thereafter, are subject to recovery rules of the child care assistance program set forth in rule 441-170.9 (234).
(4) When a participant or a provider offers repayment in part or in full before the end of the 30-day appeal period, the PROMISE JOBS unit or the department of human services' local office shall accept the payment. If a subsequent appeal request is received, the PROMISE JOBS unit shall notify the DIA and shall not accept any further payments on the claim. The amount of the voluntary payment shall not be returned to the participant or provider unless the final decision on the appeal directs the department to do so.
(5) When a participant or a provider has been referred to the DIA to initiate recovery, the DIA shall use the same methods of recovery as are used for the FIP program, described at DIA administrative rules 481-90.1 (10A) to 481-90.9 (10A), except that the FIP grant shall not be reduced to effect recovery without the participant 's written permission.
a. When the participant requests grant reduction on Form 470-0495, the grant will be reduced for repayment as described in 441-paragraphs 46.25(3)"a," "b," and "c."
b. The DIA is authorized to take any reasonable action to effect recovery of provider overpayments such as, but not limited to, informal agreements, civil action, or criminal prosecution. However, the DIA shall not take any collection action on a provider overpayment that would jeopardize the participant 's continued participation in the PROMISE JOBS program .