Section 20.45. Program violations and penalties

(a) Violations. Caregivers who receive services under the Program are subject to the administrative actions and penalties under this section if they commit one or more of the following acts:

(1) Making or causing to be made a false statement or representation of a material fact relating to information affecting eligibility for the benefits of the Program.

(2) Submitting false or fraudulent documentation of caregiving expenses for which reimbursement is sought or received.

(3) Violating this chapter, including a provision which affects the eligibility status of the primary caregiver, the payment of reimbursement benefits under this chapter or the refusal to provide requested documentation of eligibility-related information as provided under § 20.22 (relating to conditions of participation).

(b) Administrative actions and penalties.

(1) If the area agency on aging determines that a primary caregiver has violated the act or this chapter, the area agency on aging has the authority to suspend or terminate services to the caregiver under this chapter.

(2) If the area agency on aging determines that a primary caregiver has knowingly received financial reimbursement for which the caregiver is not eligible as a result of violations under this section, the area agency on aging may recover twice the amount of the reimbursements determined to be inappropriate plus interest.

(3) If the area agency on aging determines that a primary caregiver has knowingly received reimbursement monies from the Program by false or fraudulent documentation of eligibility for that reimbursement, the area agency on aging shall request the appropriate district attorney to initiate proceedings against the caregiver.

(c) Caregiver right to appeal. Actions by an area agency on aging against a primary caregiver for violations under subsection (b)(1) and (2) are subject to the right of appeal under Chapter 3 (relating to hearings and appeals).

Notation

Cross References

This section cited in 6 Pa. Code § 20.21 (relating to eligibility for Program benefits); 6 Pa. Code § 20.22 (relating to conditions of participation); 6 Pa. Code § 20.23 (relating to income); and 6 Pa. Code § 20.32 (relating to assessment and case management).