(a) A Board shall attempt recovery of all improper payments as defined in §809.2.
(b) Recovery of improper payments shall be managed in accordance with Commission policies and procedures.
(c) The provider shall repay improper payments for child care services received in the following circumstances:
  (1) Instances involving fraud;
  (2) Instances in which the provider did not meet the provider eligibility requirements in this chapter;
  (3) Instances in which the provider was paid for the child care services from another source;
  (4) Instances in which the provider did not deliver the child care services;
  (5) Instances in which referred children have been moved from one facility to another without authorization from the child care contractor; and
  (6) Other instances when repayment is deemed an appropriate action.
(d) A parent shall repay improper payments for child care only in the following circumstances:
  (1) Instances involving fraud as defined in this subchapter;
  (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) Instances in which the parent fails to pay the parent share of cost and the Board's policy is to pay the provider for the parent's failure to pay the parent share of cost.
(e) A Board shall ensure that a parent subject to the repayment provisions in subsection (d) of this section shall prohibit future child care eligibility until the repayment amount is recovered, provided that the prohibition does not result in a Choices or SNAP E&T participant becoming ineligible for child care.

Source Note: The provisions of this §809.117 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective October 1, 2016, 41 TexReg 7529