Handout A, CACFP
Steps in the Process of Suspending Providers: Imminent Threat to Health or Safety of children, or public at large.
Imminent threat is discovered by the health/licensing authority.
Step 1: After being informed about the problem, the sponsor immediately sends a Suspension Notice to the home (Sample Letter C), that:
- Identifies all serious deficiencies that constitute the imminent threat.
- Informs the provider that CACFP participation is suspended as of date of notice.
- Proposes to terminate the provider's agreement for cause.
- Proposes to disqualify the home and the provider.
- Outlines the procedures for appealing the suspension, proposed termination and disqualification.
Step 2: The provider requests an appeal of the suspension, proposed termination and proposed disqualification within 15 days of receipt of the notice. (Note: If the provider does not request an appeal, the process ends when the 15 days have elapsed and the sponsor issues a notice of termination and disqualification. See details for notice in step 4(a) below, using Sample Letter D).
Step 3: The hearing is held and a decision is rendered.
Step 4: The sponsor informs the provider of the hearing decision (sends the CACFP Homes Unit, NYSDOH, a copy of this letter).
- If the sponsor wins the appeal, the sponsor must send a Notice of Termination and Disqualification to the provider (Sample Letter E). The notice must inform the provider that:
- The provider's agreement is terminated for cause, and
- The home and the provider are disqualified and placed on the National Disqualified List.
- If the sponsor loses the appeal, the sponsor must inform the provider that (Sample Letter F):
- The provider's suspension ended on the date of the hearing decision,
- The provider's agreement is not terminated,
- The provider is not disqualified, and can claim for eligible meals served during the suspension as long as they were submitted timely.
Step 5: The sponsor sends the CACFP Homes Unit, NYSDOH, a copy of the notice.
Step 6: If the provider has been disqualified, the State agency adds the home to the State agency list and informs FNS if there are any termination/disqualification actions to add to the National Disqualified List.
Imminent threat is discovered by the CACFP sponsor
Step 1: The sponsor discovers the imminent threat to health and safety and immediately informs the health/safety licensing authority.
Step 2: The sponsor takes action that is consistent with the recommendations or requirements of the health/safety licensing authority. In most situations, this will mean suspension of participation, including Program payments, unless the health/safety licensing authority informs the sponsor that suspension would be contrary to their recommendations or requirements. Other actions that could be taken in lieu of suspension include: requiring corrective action such as mandatory training on a food safety issue or increased monitoring.
If the provider is in enforcement proceedings, USDA ruled that the suspension of CACFP benefits could occur immediately, upon recommendation by the licensing authority. However, termination and disqualification would not occur until after the hearing and a decision is made to revoke the license or registration. If, after the hearing decision, the provider is allowed to continue to operate the child care home, the suspension would be lifted and the provider can be reimbursed for eligible meals served during the suspension (if submitted within the required time frames).