Proposed Suspension When the State agency proposes to suspend an institution’s participation, including Program payments for the submission of a false or fraudulent claim, the institution and RP/Is must be notified in writing. The notice must state: The serious deficiencies found; That the State agency is proposing to suspend the institution’s and RP/Is’ Program participation, including the payment of claims; That the State agency is proposing to terminate and disqualify the institution and RP/Is; The effective date of the suspension (this cannot be earlier than 10 days after the institution receives the notice); That the institution can appeal the proposed suspension and the proposed termination and disqualification (these are two separate actions); The contact information for the suspension review official; That a suspension review must be requested within 10 days of receipt of the notice; That if the hearing official overturns the proposed suspension, the institution may claim reimbursement for eligible meals served during the proposed suspension; That termination from the Program will result in placement of the institution and RP/Is on the NDL; and That the institution’s voluntary termination of its agreement with the agency after having received the notice will still result in the institution and RP/Is formal termination by the State agency and placement on the NDL. Include the State agency’s appeal procedures for suspensions and terminations. If the State agency chooses not to suspend an institution’s participation for submitting a false or fraudulent claim, it must immediately issue a notice proposing to terminate and disqualify the institution following the procedures outlined in Part 1 of this guidance and 7 CFR 226.6(c)(3). Suspension Review Suspension Appeal – What is the difference between a review” and an appeal”? “suspension “abbreviated A suspension review is an abbreviated appeal that is available to institutions before a suspension for submission of false or fraudulent claims takes effect. It consists of a review of written documents, instead of an in-person hearing, to determine whether Program payments will continue. It does not resolve any appeal option that the institution may request of the State agency’s proposed termination and disqualification of the institution; the institution may request a regular appeal if they are dissatisfied with the result of the suspension appeal.
Proposed Suspension When the State agency proposes to suspend an institution’s participation, including Program payments for the submission of a false or fraudulent claim, the institution and RP/Is must be notified in writing. The notice must state: The serious deficiencies found; That the State agency is proposing to suspend the institution’s and RP/Is’ Program participation, including the payment of claims; That the State agency is proposing to terminate and disqualify the institution and RP/Is; The effective date of the suspension (this cannot be earlier than 10 days after the institution receives the notice); That the institution can appeal the proposed suspension and the proposed termination and disqualification (these are two separate actions); The contact information for the suspension review official; That a suspension review must be requested within 10 days of receipt of the notice; That if the hearing official overturns the proposed suspension, the institution may claim reimbursement for eligible meals served during the proposed suspension; That termination from the Program will result in placement of the institution and RP/Is on the NDL; and That the institution’s voluntary termination of its agreement with the agency after having received the notice will still result in the institution and RP/Is formal termination by the State agency and placement on the NDL. Include the State agency’s appeal procedures for suspensions and terminations. If the State agency chooses not to suspend an institution’s participation for submitting a false or fraudulent claim, it must immediately issue a notice proposing to terminate and disqualify the institution following the procedures outlined in Part 1 of this guidance and 7 CFR 226.6(c)(3). Suspension Review – Suspension Appeal What is the difference between a “suspension review” and an “abbreviated appeal”? A suspension review is an abbreviated appeal that is available to institutions before a suspension for submission of false or fraudulent claims takes effect. It consists of a review of written documents, instead of an in-person hearing, to determine whether Program payments will continue. It does not resolve any appeal option that the institution may request of the State agency’s proposed termination and disqualification of the institution; the institution may request a regular appeal if they are dissatisfied with the result of the suspension appeal.
serious_deficiency_handbook.docx