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Empire Justice Comments on Proposed Child Care Fraud Regulations

June 17, 2011


Public Information Office
New York State Office of Children and Family Services
52 Washington Street
Rensselaer, NY 12144

Re: Proposed child care fraud regulations
May 4, 2011 New York State Register

Dear Sir or Madam:

Thank you for the opportunity to comment on the proposed child care fraud regulations that would amend Parts 414, 415, 416, 417 and Sub-parts 418-1 and 418-2 of Title 18 NYCRR, which were published in the May 4th New York State Register.

These draft regulations would impose penalties and periods of disqualification for providers who:

  • are criminally convicted of fraud;
  • have been found civilly liable for fraud;
  • have voluntarily admitted to filing a false claim for reimbursement for child care services;
  • have been disqualified from participation in the CACFP program for submission of false information on its application, false claims for reimbursement, or failure to keep required records;
  • have failed to comply with the terms of a repayment plan with a social services district;
  • have a conviction of any activity that has occurred in the past 7 years that indicated a lack of business integrity;
  • have been found by a local social services district, after an opportunity for an administrative review, to have submitted a false claim to the social services district for reimbursement.

The regulations also expand the authority of local districts to conduct a fiscal review as a component of an administrative review that must be conducted when disqualifying a provider from receiving payment under the child care subsidy program, and provide the authority to terminate providers who do not respond within 20 days to a preliminary review report that indicates a "false claim for reimbursement of child care services."  The provider may respond in writing or request an in person review.  After this, or if the provider fails to respond, a final review report is issued by the social services district.  If it is adverse to the provider, the provider can request a "formal in person review," which will result in a "final determination."  Both the final review and the final determination can be the basis for the termination of the provider's eligibility to provide subsidized care for five years, or until the provider makes restitution, whichever is longer.

Click here to read our comments.

For more information, please contact:

Susan C. Antos

Empire Justice Center
119 Washington Avenue
Albany, NY  12210 

(518) 462-6831
(518) 935-2852