Appendix D.5 Potential Consequences

Should an investigation result in a finding that the individual has perpetrated fraud involving an application for and receipt of DVR services and supports, DVR management, in consultation with the CDLE leadership, shall determine the action to be taken; action may include reduction or suspension of services, up to and including case closure. When applicable and within a specified timeframe, the individual shall be asked to repay any misused funds and/or return state-purchased goods.

The first incident of confirmed fraud shall result in the suspension of all DVR services until all fraudulently used funds and/or goods have been returned to the state or an approved repayment plan has been implemented and the individual remains in good standing on their repayment plan. While services are suspended, the case shall be placed into Service-Interrupted. Case closure may be warranted, depending on the seriousness and intent of the fraud.

An individual receiving services who has a history of confirmed fraudulent activity involving DVR shall have their case record reviewed quarterly by the Regional Manager. All authorizations in the case record shall be issued by the District Supervisor for a minimum of one calendar year from the date the fraud is confirmed or services resume, whichever is later.

Should the matter be referred to a local law enforcement agency, the city, county or state attorney shall decide whether to prosecute. In consultation with the Finance and Operations Unit, DVR may refer the case to the Colorado District Attorney or Colorado Attorney General for criminal prosecution. Should the matter involve the fraudulent use of funds, the case may be referred to the state’s Central Collection Services.