40 Tex. Admin. Code § 809.112 - Suspected Fraud
(a) A parent,
provider, or any other person in a position to commit fraud may be suspected of
fraud if the person presents or causes to be presented to the Board or its
child care contractor one or more of the following items:
(1) A request for reimbursement in excess of
the amount charged by the provider for the child care; or
(2) A claim for child care services if
evidence indicates that the person may have:
(A) known, or should have known, that child
care services were not provided as claimed;
(B) known, or should have known, that
information provided is false or fraudulent;
(C) received child care services during a
period in which the parent or child was not eligible for services;
(D) known, or should have known, that child
care subsidies were provided to a person not eligible to be a provider;
or
(E) otherwise indicated that the
person knew or should have known that the actions were in violation of this
chapter or state or federal statute or regulations relating to child care
services.
(b)
The following parental actions may be grounds for suspected fraud and cause for
Boards to conduct fraud fact-finding or the Commission to initiate a fraud
investigation:
(1) Not reporting or falsely
reporting at initial eligibility or at eligibility redetermination:
(A) household composition, or income sources
or amounts that would have resulted in ineligibility or a higher parent share
of cost; or
(B) work, training, or
education hours that would have resulted in ineligibility;
or
(2) Not reporting
during the 12-month eligibility period inclusive of the three-month initial job
search period, if applicable:
(A) changes in
income or household composition that would cause the family income to exceed 85
percent of SMI (taking into consideration fluctuations of income); or
(B) a permanent loss of job or cessation of
training or education that exceeds three months; or
(C) improper or inaccurate reporting of
attendance.
Notes
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