(1) An overpayment occurs when a provider receives payment that is more than the provider is eligible to receive. Provider overpayments are established when a provider:

(a) Bills and receives payment for services not provided;

(b) Bills without attendance records that support their billing;

(c) Bills and receives payment for more than they are eligible to bill;

(d) Bills the state for more than the number of children they have in their licensed capacity;

(e) Is caring for a WCCC child outside their licensed allowable age range without a DEL-approved exception;

(f) Fails to notify DSHS within ten days of any suspension, revocation, or change to their license;

(g) Receives payment for a slot for which they were not eligible to bill:

(i) Payment for a slot left vacant over thirty consecutive days;

(ii) Duplicated payments for a contracted slot and WCCC units for care of the same child.

(2) DEL or DSHS may request documentation from a provider when preparing to establish an overpayment. The provider has fourteen consecutive calendar days to supply any requested documentation. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be supplied within twenty-eight consecutive calendar days of the date of a written request from either department.

(3) Providers are required to repay any payments that they were not eligible to receive.

(4) If an overpayment was made through departmental error, the provider is still required to repay that amount.