(a) This subchapter establishes authority for a Board
to develop procedures for the prevention of fraud by a parent, provider,
or any other person in a position to commit fraud consistent with
fraud prevention provisions in the Agency-Board Agreement.
(b) In this subchapter, a person commits fraud if,
to obtain or increase a benefit or other payment, either for the person
or another person, the person:
(1) makes a false statement or representation, knowing
it to be false; or
(2) knowingly fails to disclose a material fact.
(c) A Board shall ensure that procedures for researching
and fact-finding for possible fraud are developed and implemented
to deter and detect suspected fraud for child care services in the
workforce area.
(d) These procedures shall include provisions that
suspected fraud is reported to the Commission in accordance with Commission
policies and procedures.
(e) Upon review of suspected fraud reports, the Commission
may either accept the case for investigation and action at the state
level, or return the case to the Board or its child care contractor
for action including, but not limited to, the following:
(1) further fact-finding; or
(2) other corrective action as provided in this chapter
or as may be appropriate.
(f) The Board shall ensure that a final fact-finding
report is submitted to the Commission after a case is returned to
the Board or its child care contractor and all feasible avenues of
fact-finding and corrective actions have been exhausted.
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