N.H. Code Admin. R. He-C 6918.08 – Recoupment of Overpayments

(a) An overpayment shall have occurred under one of the following conditions:
1. (1) When a provider or parent requests continuation of a child care scholarship according to He-C 6918.07, pending the outcome of an appeal and the appeal decision upholds the DHHS proposed action; or
2. (2) For any other reason that a provider received an incorrect higher amount of payment than he or she should have received.
(b) When an overpayment has occurred, DHHS shall determine the cause in accordance with (c), (e), (h), and (i) below.
(c) The overpayment shall be solely the fault of the provider when the parent is in compliance with the provisions of He-C 6910 and He-C 6912, and the provider has been paid for child care services:
1. (1) Not provided; or
2. (2) That were not provided in compliance with He-C 6912, He-C 6914, He-C 6918, and the provider agreement.
(d) If the overpayment has been determined to be solely the fault of the provider, the provider shall receive a notification that an overpayment has occurred, and that repayment shall be made in accordance with (j) below.
(e) The overpayment shall be solely the fault of the parent if:
1. (1) The provider is in compliance with He- C 6912, He-C 6914 and He-C 6918 and the provider agreement;
2. (2) The parent has not complied with the provisions of He-C 6910 or He-C 6912; and
3. (3) The provider has no knowledge that the parent was out of compliance with the provisions of He-C 6910 or He-C 6912.
(f) If an overpayment has been determined to be solely the fault of the parent, by a false statement, misrepresentation, or concealment, the parent shall receive notification that an overpayment has occurred and payments shall be recouped in accordance with RSA 167:17-a.
(g) The overpayment shall be the fault of both the parent and provider when:
1. (1) Both parties are out of compliance with He-C 6910, He-C 6912, He-C 6914 and He-C 6918; or
2. (2) Both parties were in collusion, meaning they agreed to actions with the understanding that their actions constituted a violation of the provisions of these rules, He-C 6910, He-C 6912, He-C 6914 or He-C 6918.
(h) If the overpayment is determined to be the fault of both the parent and the provider, notification shall be sent to both parties, and DHHS shall initiate further action such as recoupment of payment from either or both the parent and provider.
(i) If the provider or parent has opted to continue to receive a child care scholarship pending the outcome of the appeal and the appeal decision upholds the DHHS proposed action as in (a)(1) above, the provider or parent requesting the continuing child care scholarship shall be the cause of the overpayment and shall be responsible for the repayment.
(j) Within 30 days of notification in accordance with (d) above, the provider shall agree to do one of the following:
1. (1) Repay the overpayment in full; or
2. (2) For a currently enrolled child care provider, choose to have the total amount of child care payment withheld from future DHHS child care payments to the provider, beginning with the next scheduled payment after an agreement has been reached or after the 30 days has elapsed, whichever occurs first, until the overpayment is repaid in full.
(k) If the provider fails to comply with (j) above, then the overpayment shall be recouped in full beginning with the next scheduled payment to the provider after the 30 days has elapsed, or for as long as is necessary to recoup the overpayment in full.