Boards shall notify providers of the following:
  (1) The owner, director, assistant director, or other employees of child care providers shall not:
    (A) possess, have on the premises, or otherwise have access to a parent's information to access the Agency's attendance system; or
    (B) perform the attendance or absence reporting function on behalf of the parent;
  (2) Providers shall report misuse of the Agency's automated attendance system to the Board or the Board's child care contractor;
  (3) Providers shall report to the child care contractor authorized days that do not match the referral in the Agency's automated attendance system within five days of receiving the authorization. Failure to report the discrepancy may result in withholding payment to the provider; and
  (4) Misuse of attendance reporting and violation of the requirements in this section are grounds for a potential fraud determination pursuant to Subchapter F of this chapter.

Source Note: The provisions of this §809.95 adopted to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437