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Oklahoma Department of
Human Services
Stronger Families Grow
Brighter Futures
Oklahoma Department of Human Services
Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd. • Oklahoma City, OK 73105
(405) 521-3646 • Fax (405) 521-6684 • Internet: www.okdhs.org
 
 
 
340:40-15-1. Overpayments
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Revised 6-1-10

 

(a) Determinations.  Overpayments occur as a result of agency, client, or provider error.  A client or child care provider overpayment is determined by Oklahoma Department of Human Services (OKDHS) staff when a child care benefit was received or paid in error.  Workers, Office of Inspector General (OIG) auditors or investigators, Quality Control reviewers, staff from the Finance Division, or other OKDHS staff may identify a possible overpayment.  • 1

  • (1) Agency error overpayment claim.  An agency error overpayment claim is established against either the client or the child care provider depending on the circumstances.  An agency error overpayment occurs when due diligence was not exercised by OKDHS.
    • (A) When the worker incorrectly calculates the amount of care approved or the income, which results in an incorrect co‑payment, the worker and supervisor establish the agency error overpayment against the client.  • 2
    • (B) Finance Division staff establishes agency error overpayments against the provider for plan of service errors when OKDHS pays an incorrect rate.  • 3
  • (2) Client error overpayment claim.  A client error overpayment claim is established against the client when the client:
    • (A) provides incorrect information at the time of application or review;
    • (B) fails to report within ten days any change that affects eligibility; or
    • (C) uses child care for days and hours the client is not eligible for child care.
  • (3) Provider error overpayment claim.  A provider error overpayment claim is established against the provider when the provider:  • 4
    • (A) submits incorrect claims;
    • (B) fails to timely void inaccurate attendance entered in the point-of-service (POS) machine by the client;
    • (C) receives payment for care the provider did not provide and is not entitled to receive.  This can occur when the provider has possession of the client's electronic benefit transfer (EBT) card and swipes attendance for a day a child did not attend or facility staff requests that a parent do so;
    • (D) receives payment for care from OKDHS that was provided after the date his or her child care license has been revoked or contract cancelled;
    • (E) moves POS machine to a different location prior to obtaining written approval from the FSSD Child Care Subsidy Section staff and payment was made for care during that period; or
    • (F) fails to accurately maintain records as required by OKDHS for three years or until the resolution of pending legal issues whichever is later.
  • (4) Establishing the overpayment.
    • (A) The establishment of a client overpayment is made by the worker's supervisor or staff in the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section.  • 5
    • (B) Finance Division staff establishes all provider overpayment claims.
    • (C) At the time a claim is established, an overpayment notice and Form  08OP011E, Repayment Agreement, are automatically issued and mailed to the household.
  • (5) Liquidated damages.  Per OAC 340:2-11-150, Finance Division staff may assess liquidated damages in addition to an overpayment when the provider:
    • (A) is in possession of the client's EBT card;
    • (B) swipes the card through the POS machine; or
    • (C) knows the client's personal identification number (PIN).

(b) Notice of overpayment.  Finance Division staff sends an overpayment notice to the provider once the overpayment has been established.  FSSD Benefit Integrity and Recovery Section staff sends the client a monthly account statement that reflects all payment and account information beginning the month following the initial notice month.  • 6

(c) Appeal rights.  Only a client has the right to appeal all or part of any overpayment established against his or her case.

(d) Repayment of an overpayment claim.  OKDHS requires repayment of all established overpayments.

  • (1) Form 08OP011E, Repayment Agreement, is sent to the client with the original overpayment notice.  • 7
  • (2) Finance Division staff sends a letter to the provider that explains the recoupment process for vendor overpayments.  • 8  Providers must contact the Finance Division if they have questions concerning the repayment plans for overpayments that occur after the EBT system was implemented.  • 9

 

INSTRUCTIONS TO STAFF 340:40-15-1

 

Revised 6-1-10

 

1.  (a) The worker and supervisor process overpayments using the Oklahoma Program Integrity (OPI) System.  OPI interfaces with EPPIC to retrieve paid benefit information.  OPI has the capability to access databases in IMS and calculates the overpayment automatically using this information. Household information, current addresses, aliases, and benefit information are automatically retrieved from the IMS system.  All documentation and circumstances leading to the overpayment must be thoroughly explained by the worker in OPI Case Comments.  The Case Comments must include:

(1) a short summary of the circumstances which led to the possible overpayment claim including the original and new family share co-payment amounts, if applicable; and

(2) the contract number of the child care provider.

(b) Office of Inspector General (OIG) auditors and investigators submit a summary of their findings and supporting documentation to the Family Support Services Division (FSSD) Benefit Integrity and Recovery Section and/or the Finance Division upon completion of an audit or investigation.  Auditors give child care providers a copy of the audit report.

2.   (a) An example of a plan of service error is when the worker approves the client for the weekly unit type and the client's work hours show only  12 days per month are needed.  The overpayment occurs when the client actually uses any additional care for a non-work reason.

(b) Examples of agency error overpayments are when:

(1) the worker inappropriately approves a child for a blended, weekly, or special needs authorization; and

(2) the provider receives a rate for which he or she is not entitled.  The overpayment is the difference between the correct rate of payment and the actual amount received by the provider.

3.   (a) Due diligence by human services center (HSC) staff includes:

(1) processing child care benefits timely and accurately;

(2) taking action on reported changes within ten days;

(3) correctly approving the days and hours care is needed, based on the client's need for child care;

(4) informing the client and/or provider of Oklahoma Department of Human Services (OKDHS) policy and procedures; and

(5) arranging provider training for initial child care contracts.

(b) Due diligence by FSSD Child Care Subsidy Section staff includes:

(1) informing the client and/or provider of OKDHS policy and procedures;

(2) providing ongoing provider training and/or training materials such as the "Contracting with OKDHS for Child Care Subsidy Payments Handbook" to keep providers informed of child care subsidy rules; and

(3) updating providers on changes in OKDHS policy and procedure.  This includes informing providers about how a child qualifies for different rates in the "Contracting with OKDHS for Child Care Subsidy Payments Handbook, " on OKDHS Appendix C-4, Child Care Provider Rate Schedule.

(c) Due diligence by Finance Division staff includes correctly processing child care claims.

4.   The provider is responsible for maintaining accurate records for three years or until the resolution of pending legal issues, whichever is later. The provider must:

(1) check the accuracy of the attendance swiped by the client and accurately complete Form 10AD121E, Child Care Claim.  If the client swipes inaccurate attendance, the provider must void out incorrect swipes and ask the client to swipe again; and

(2) maintain copies of any manual claim forms, Form 10AD121E, submitted to the Finance Division.

5.   Prior to completion, the overpayment is shown in pending status in OPI.

(1) The worker and supervisor establish overpayment claims under $500 due to inadvertent client error and any agency error overpayment regardless of the amount.

(2) Prior to establishment of all overpayment claims that are due to inadvertent household error or willful misrepresentation and are $500 and over, these overpayment claims are automatically transmitted by the OPI system to the FSSD Benefit Integrity and Recovery Section for review.

(A) If, after review, it is determined that the overpayment claim is the result of inadvertent household error or willful misrepresentation, the claim is referred for investigation to OIG.  After investigation, OIG releases the overpayment claim back to the FSSD Benefit Integrity and Recovery Section for establishment of the claim or other action as determined by the investigation.

(B) All claims against clients not referred to OIG are established by the FSSD Benefit Integrity and Recovery Section staff through the OPI system.

6.  (a) A notice titled Notification of Overpayment and Form 08OP011E, Repayment Agreement, are issued by OPI to the client for each incident of overpayment at the time the HSC staff or FSSD Benefit Integrity and Recovery Section staff establishes the overpayment claim.  This notice includes:

(1) how the debt occurred, who was at fault, and the time period of the debt; and

(2) an explanation of the client's appeal rights.  Clients must request an appeal through their local HSC.  See OAC 340:2-5 for hearing procedures.

(b) The overpayment notice Finance Division staff sends to providers includes:

(1) how the debt occurred;

(2) the time period covered;

(3) the method of repayment of the debt; and

(4) when the Finance Division will begin recoupment from future OKDHS payments.

7.  At the time the Notification of Overpayment notice is mailed to the client, Form  08OP011E, is also sent.  Form 08OP011E must be signed by the client and returned to the FSSD Benefit Integrity and Recovery Section.

8.   Finance Division staff sends a copy of the notice to the FSSD Child Care Subsidy Section staff and OIG.

9.   If a provider is not receiving payment from OKDHS, the provider is still required to set up a monthly repayment plan with the Finance Division.

 


Last Updated:  10/18/2011
Oklahoma Department of Human Services
Street address: Sequoyah Memorial Office Building, 2400 N. Lincoln Blvd., Oklahoma City, OK 73105
Mailing address: P.O. Box 25352, Oklahoma City, OK 73125
(405) 521-3646
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