OnsiteCAPSD NDL Barbara J. Smith, Senior Program Analyst, USDA-FNS-Child Nutrition Programs Program Monitoring Branch

ONSITE SD NDL NOT THIS….

0NSITE CAP NDL SD BUT THIS!

To ensure compliance with Program regulations Meal Pattern Licensing or approval Attendance at training Meal counts Menu and Meal Records Annual updating and content of enrollment forms

To ensure compliance with Program regulations Facilities reviewed 3 times each year At least two of three unannounced At least observation of meal service One review during new facility’s first 4 weeks Not more than six months apart

To ensure compliance with Program regulations Correction of problems previously noted Five-day reconciliation

Recurring areas of non-compliance: Outdated enrollment forms No attendance forms Menus not current Meal counts not current

Recurring areas of non-compliance: Significant number of meals not meeting meal pattern Claiming children not in attendance Provider not at home during meal service times

SO failure to require corrective action Written Corrective Action only required for SDs All areas of non-compliance must be corrected. FNS recommends all corrective actions be in writing.

An Acceptable CAP also answers these questions :  What are the SDs and the procedures that will be implemented to address SDs?  Who will address the SD?

An Acceptable CAP also answers these questions:  When will the procedure be implemented?  Where will the CAP documentation be retained?

An Acceptable CAP also answers these questions:  How everyone be informed of new procedures?  Additional supporting documentation

Failure to require corrective action Unacceptable corrective action -“Try to do a better job keeping my daily records” -Sob story justifications -“Promise not to do it again”

A systematic process to correct serious Program problems and ensure due process Two Outcomes: Correction or Termination and Disqualification

Identify the SD Issue Notice Review CAP for adequacy SIX STEPS

Issue Temporary Deferral or NPTD Provide Appeal Issue Temporary Deferral or NTD SIX STEPS

False or Fraudulent Claims Imminent Threat to Health and Safety SDs Requiring Suspension

Imminent Threat to Health and Safety SDs Requiring Suspension Resolution NOT dependent on Appeal to licensing

Reasons for Declaring SD Serious deficiencies for institutions and facilities are listed in Regs. Listings are NOT all Inclusive

Frequency Occasional or Repetitive Severity minor or major FNS anticipates the use of discretion in determining whether a problem rises to the level of a “SD”.

Discretion CANNOT be used to keep an institution or provider in the Program at all cost. SO may be declared SD for:  the improper use of termination for convenience and  the improper implementation of the SD process.

What is “permanent” corrective action? Definition depends on a number of factors:  Nature of original problem  Amount of time elapsed  Changes in Personnel  Availability of records to document CA

Role of Hearing Official Assess SA or SO action to propose termination  Determine if actions are compliant  Base decision on laws, regulations, policies, etc.

Role of Hearing Official Assess SA or SO action to propose termination  Not interpret the intent or expand meaning of regs  Not validate the SD determination

Role of Hearing Official Assess SA or SO action to propose termination  Not verify is CA submitted is acceptable  Not establish settlement of demands for overpayments

List, maintained by USDA, of institutions, RPIs, and day care home providers who have been disqualified from participation in the Program

NOT A PRIORITY!  For NDL removal, there is no specified form to be submitted.  A written request to be removed from the NDL – not a request to be reinstated to the CACFP

NOT A PRIORITY!  Request MUST contain an acceptable CAP…. and any debt to the Program, with applicable interest, must be repaid.

NOT A PRIORITY! Requires concurrence from: State Agency Regional Office and FNS National Office

NOT A PRIORITY! FNS recommends that SAs establish written policies and procedures

ONSITE SD NDL NOT THIS….

0NSITE CAP NDL SD BUT THIS!

OnsiteCAPSD NDL

OnsiteCAPSD NDL