Timelines for Day Care Homes
The Mountain Plains Regional Office will be notified immediately at the time of any of the following:
· serious deficiency notification
· proposed termination notification
· termination notification
· serious deficiency deferred notification
· suspension notification
· NDL requests
Review summary within 30 days sent to provider
Serious deficiency sent to provider within 30 days of the review date and at the same time as the review summary (send as 2 separate documents, separate mailings) In addition to the SD being sent to the provider, a copy needs to be provided to the State Agency along with review documentation
Provider has to respond in 30 days from date of certified mail
documented delivery, this includes a documented delivery attempt
Sponsoring agency accepts or denies response 30 days from receipt of response:
· Accept
a. Within 30 days the serious deficiency is deferred
b. Certified letter will be sent to provider
c. Documentation needs to be on file with the Sponsoring Agency and the State Agency.
d. Follow up review will be conducted within 30 days of the receipt of the corrective action from the provider.
· Deny
a. Within 30 days a propose to terminate letter needs to be sent certified
(Corrective actions can still be submitted and accepted)
b. If there is no response or acceptable corrective action 30 days from the date of the propose to terminate letter a termination letter is sent
c. Home is terminated
If an appeal is submitted……
Appeal the findings within 15 days from date on letter to the state agency
SA must acknowledge receipt of appeal in 10 days from receiving the appeal
Provider has up to 30 days from receipt of serious deficiency letter
to send in all info to hearing official
Within 60 days of SA receipt of appeal request, the review official
must notify everybody and their momma of the appeal outcome
CACFP Timelines for Day Care Centers
The Mountain Plains Regional Office will be notified immediately at the time of any of the following:
· serious deficiency notification
· proposed termination notification
· termination notification
· serious deficiency deferred notification
· suspension notification
· NDL requests
Review summary within 30 days sent to provider
Serious deficiency sent to provider within 30 days of the review date and at the same time as the review summary (send as 2 separate documents, separate mailings) In addition to the SD being sent to the provider, a copy needs to be provided to the State Agency along with review documentation
Provider has to respond in 30 days from date of certified mail
documented delivery, this includes a documented delivery attempt
Sponsoring agency accept or deny response 30 days from receipt of response
· Accept
a. Within 30 days the serious deficiency is deferred
b. Certified letter will be sent to provider
c. Documentation needs to be on file with the Sponsoring Agency and the State Agency.
d. Follow up review will be conducted within 30 days of the receipt of the corrective action from the provider.
· Deny
d. Within 30 days a propose to terminate letter needs to be sent certified
(Corrective actions can still be submitted and accepted)
e. If there is no response or acceptable corrective action 30 days from the date of the propose to terminate letter a termination letter is sent
f. Home is terminated
If an appeal is submitted…….
Appeal the findings within 15 days from date on letter to the state agency
SA must acknowledge receipt of appeal in 10 days from receiving the appeal
Provider has up to 30 days from receipt of serious deficiency letter
to send in all info to hearing official
Within 60 days of SA receipt of appeal request, the review official
must notify everybody and their momma of the appeal outcome
Suspension for Day Care Homes
The suspension letter must include the serious deficiencies found, the home can only appeal the proposed termination.
Providers are not paid during a suspension process
Provider has 15 days to send a notice to appeal and an additional 15
days to send in all their documentation to the review official (total of 30) If the provider does not appeal within the timeframe, they will be terminated immediately
Review official has 60 days to decide if they will uphold the suspension or to overturn the suspension. If the suspension is overturned the day care home may claim reimbursement for eligible meals during suspension.
If the home day care provider loses the appeal they will be terminated and placed on NDL immediately. If the provider terminates voluntarily from the program after receiving the suspension notification, they will be placed on the NDL.
The maximum time for suspension is 120 days
The letter must include the appeal procedures.
Suspension for Centers
Centers may suspended for fraudulent or false claims as well as for health and safety reasons. Centers are not paid during a suspension process.
The suspension letter must include the serious deficiencies found, the home can only appeal the proposed termination. The SA or Sponsoring Organization for Unaffiliated Centers is proposing to terminate and disqualify the center.
The effective date of the suspension cannot be earlier than 10 days after the center receives the notice.
The center can appeal propose suspension and termination, which are two different actions.
A suspension review must be requested within 10 days of receiving the notice. A request for suspension review is only done for false and fraudulent claims.
After the suspension review the center can ask for a suspension appeal.
Provider has 15 days to send a notice to appeal suspension and termination and an additional 15
days to send in all their documentation to the review official (total of 30) If the provider does not appeal within the timeframe, they will be terminated immediately
Whether or not the center is successful, the center has the opportunity to submit corrective action until the appeal official makes their determination.
Review official has 60 days to decide if they will uphold the suspension or to overturn the suspension. If the suspension is overturned the day care home may valid claims for reimbursement for eligible meals during the suspension.
If the home day care provider loses the appeal they will be terminated and placed on NDL immediately. If the provider terminates voluntarily from the program after receiving the suspension notification, they will be placed on the NDL.
The maximum time for suspension is 120 days
The letter must include the appeal procedures.