The purpose of this rule chapter is to implement the provisions of section 414.39(11)(a), Florida Statutes, establishing procedures for application, approval, and disbursement of rewards for the Public Assistance Fraud Reward Program, as required by ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Economic Self-Sufficiency Program

RULE NO.:RULE TITLE:

65A-1.901Public Assistance Fraud Reward Program

PURPOSE AND EFFECT: The purpose of this rule chapter is to implement the provisions of Section 414.39(11)(a), F.S., establishing procedures for application, approval, and disbursement of rewards for the Public Assistance Fraud Reward Program, as required by House Bill 515.

SUMMARY: The purpose of this rule chapter is to implement the provisions of Section 414.39(11)(a), F.S., establishing procedures for application, approval, and disbursement of rewards for the Public Assistance Fraud Reward Program, as required by House Bill 515.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department considered the factors in Section 120.541, F.S. The proposed rule is not expected to exceed the criteria in paragraph 120.541(2)(a), F.S., therefore, legislative ratification is not required under subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 414.45 FS.

LAW IMPLEMENTED: 414.31, 414.36, 414.41 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: April 24, 2015, 10:00am-11:00am

PLACE: 1317 Winewood Boulevard, Building 2, Room 202F, Tallahassee, Florida 32399-0700, United States

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tammy Lary, Office of Public Benefits Integrity, [phone], 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

65A-1.901 Public Assistance Fraud Reward Program.

(1) Intake Documentation. To facilitate tracking, eligible fraud reports are submitted using the CF-ES Form 3415, 12/2014, incorporated by reference, and sent to the Department of Children and Families (Department); or by submitting the online form. The form can be completed online at the Department’s fraud reporting web site, www.myflfamilies.com/ReportFraud, or mailed to DCF ACCESS Central Mail Center Fraud Report, P.O. Box 1770, Ocala, Fl. 34478-1770, or faxed to [phone].  Reports not received through the Department’s fraud reporting web site and those received by the Department of Financial Services (DFS) or the Florida Department of Law Enforcement (FDLE) will be submitted by a state employee on behalf of the reporter using the online form.   Copies of forms and materials incorporated by reference in this rule may be obtained by the public from the Office of Public Benefits Integrity (OPBI) at 1317 Winewood Boulevard, Tallahassee, Florida 32399-0700. Forms are also available on the Department’s web site at http://www.dcf.state.fl.us/DCFForms/Search/DCFFormSearch.aspx.

(a) Once submitted, the report will be assigned a tracking number and a notification will be sent to the reporter containing the tracking number, and describing the responsibilities of the reporter to be eligible for the Public Assistance Fraud Reward Program.

(b) A reporter has the opportunity to opt-out of the reward program or to report the allegation anonymously. If a reporter chooses either of these options, the report will be processed, but the reporter will not be eligible to receive a reward.

(c) State employees and individuals under contract with the state are not eligible to be public assistance fraud report reward recipients if the information provided was obtained in the performance of their official duties.

(2) Review Process and Reward Criteria.

(a) In determining whether a reward is due to the reporter, the Department will meet to review the reported information and verify the following:

1. The report was made to the Department, the Department of Financial Services, or the Department of Law Enforcement;

2. The results of the reported information indicated a criminal violation of public assistance laws pursuant to Section 414.39, F.S.;

3. The reported information lead to the recovery of a fine, penalty or forfeiture of property;

4. The person who reported the information is identifiable for payment, and has not declined the reward;

5. The report contained original information that had not been previously reported or otherwise known to the Department, DFS, or FDLE.

(b) Only one award will be granted per case.

(c) The award amount shall be ten percent (10%) of the amount of the recovery collected by the Department, or $500,000, whichever is less, for a single case.

(d) Reporters who have received funds through the Crime Stopper Program or the Florida False Claims Act for Medicaid fraud are not eligible to be reward applicants for this program for the same case.

(3) Reward Disbursement. Subject to the availability of funds in the Federal Grants Trust Fund, in compliance with the requirements in Section 414.39(11), F.S., the Department will calculate the amount of the reward, and will request issuance of a check drawn on the Department’s Federal Grants Trust Fund. DFS will issue the check to the reporter.

Rulemaking Authority 409.919, 414.41, 414.45 FS. Law Implemented 414.31, 414.36, 414.41 FS. History–New ________

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrew McClenahan

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mike Carroll

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 11, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 2, 2015