1. (a) The provider shall repay improper payments for child care services received in the following circumstances:

   1. (1) Instances involving fraud;
   2. (2) Instances in which the provider did not meet the provider eligibility requirements in this chapter;
   3. (3) Instances in which the provider was paid for the child care services from another source;
   4. (4) Instances in which the provider did not deliver the child care services;
   5. (5) Instances in which referred children have been moved from one facility to another without authorization from the child care contractor; and
   6. (6) Other instances when repayment is deemed an appropriate action.

2. (b) A parent shall repay improper payments for child care in the following circumstances:

   1. (1) Instances involving fraud as defined in this chapter;
   2. (2) Instances in which the parent has received child care services while awaiting an appeal and the determination is affirmed by the hearing officer; or
   3. (3) Other instances in which repayment is deemed an appropriate corrective action.

Source Note:The provisions of this §809.117 adopted to be effective January 29, 2007, 32 TexReg 336.