State Survey Analysis Report

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Penalties Due to Error

17. What penalties does your program mandate for clients, agencies, or providers, who commit an error leading to improper payments?

As shown in Exhibit 17 below, nearly all State agencies report that they mandate or have penalties in place for errors committed by providers and by clients/parents.

Twenty-four State agencies report having penalties for errors by providers (AL, AZ, CA(DE), CA(DSS), CT, DC, GA, KS, KY, MA, MD, MN, MS, MO, MT, NE, NH, NC, OH, OK, PR, UT, WV, WI). Twenty-three State agencies, with the exception of Washington and Wisconsin, report having penalties for errors by clients/parents.

Eleven State agencies report having penalties for errors committed by the State agency (CA(DSS), CT, GA, KS, KY, MD, MA, NE, OH, UT, WV).

Eleven State agencies report errors by the county/local agency (AL, CA(DE), CA(DSS), GA, KS, MA, MS, MO, NH, NC, WV).

One State (WA) reports having no penalties.

State agencies also provided narrative descriptions of these penalties. Penalties for errors by providers and parents include satisfactory repayment/recovery or ultimately termination. Penalties for agencies or county/local agencies include corrective action plans, recoupment or administrative penalties. (See Appendix 17 for detailed individual State agencies’ responses.)

X. Fraud: Intentional Overpayments >>