PERMANENT RULES
EARLY LEARNING
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amending WAC 170-290-0031 Notification of changes and 170-290-0032 Failure to report changes. The department of early learning (DEL) is making the following revisions to the types of changes that a family receiving working connections child care (WCCC) subsidies must report to the department of social and health services (DSHS):
| • | A family receiving WCCC must report when their countable income increases, but only if the increase may put the family income over the limit to remain eligible for WCCC. Previously families had to report any income change; |
| • | A WCCC family may report when their income goes down, but they are not required to report a decrease. Reporting a decrease may reduce the family's monthly out-of-pocket child care copayment. |
The amended rule continues implementation of E2SHB 3141 that directs DEL to "establish and implement policies in the working connections child care program to promote stability and quality of care for children from low income households ..." DEL adopted other rules implementing HB [E2SHB] 3141 in July 2010 - see WSR 10-15-063.
The final rule qualifies for adoption under section 3.e in office of financial management guidance for the governor's Executive Order 10-06, permitting development or adoption of rules "beneficial to or requested or supported by regulated entities, local governments or small businesses that (the rule) effects." The final rule reduces reporting requirements for families who receive WCCC subsidies, and is expected to be directly beneficial to WCCC families and indirectly beneficial to child care providers, both of which are "regulated entities" under this chapter. The rule change was requested by stakeholders, and public input on the proposed rule was supportive.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0031 and 170-290-0032.
Statutory Authority for Adoption: RCW 43.215.060, 43.215.070, chapter 43.215 RCW.
Other Authority: E2SHB 3141 (chapter 273, Laws of 2010 regular session).
Adopted under notice filed as WSR 10-19-119 on September 21, 2010.
Changes Other than Editing from Proposed to Adopted Version: Proposed subsection (6) in WAC 170-290-0031 is deleted. This subsection would have required families who receive WCCC subsidies and have a child enrolled in head start, early head start or early childhood education and assistance program (ECEAP) to report to DSHS when their child is no longer enrolled in one of the preschool programs. Reporting was intended to help DEL and DSHS complete a study required by HB [E2SHB] 3141 regarding child care stability. However, DEL decided that similar information could be gathered by a survey, and the reporting requirement was not needed.
Proposed changes to subsection (1) in WAC 170-290-0032 are deleted. By deleting the reporting requirement in proposed subsection (6) of WAC 170-290-0031, the proposed change to WAC 170-290-0032(1) was no longer needed. The net effect is that the current subsection (1) of WAC 170-290-0032 remains unchanged.
Editing change, updating WAC 170-290-0032(2). The edition date of DEL publication 22-877 is changed from "2009" to "2010." This publication tells child care providers how to bill the state for child care and related services paid under the DEL working connections and seasonal child care programs, and the DSHS children's administration child care program.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.
Date Adopted: December 14, 2010.
Elizabeth M. Hyde
Director
OTS-3631.3
AMENDATORY SECTION(Amending WSR 09-22-043, filed 10/28/09,
effective 12/1/09)
WAC 170-290-0031
Notification of changes.
When a
consumer applies for or receives WCCC benefits, he or she
must:
(1) Notify DSHS's WCCC staff, within five days, of any change in providers;
(2) Notify the consumer's provider within ten days when DSHS changes his or her child care authorization;
(3) Notify DSHS's WCCC staff within ten days of any change in:
(a) The number of child care hours the consumer needs (more or less hours);
(b) The consumer's ((household)) countable income,
including any TANF grant or child support increases or
decreases, only if the change would cause the consumer's
countable income to exceed the maximum eligibility limit as
provided in WAC 170-290-0005 (2)(d). A consumer may notify
DSHS's WCCC staff at any time of a decrease in the consumer's
household income, which may lower the consumer's copayment
under WAC 170-290-0085;
(c) The consumer's household size such as any family member moving in or out of his or her home;
(d) Employment, school or approved TANF activity (starting, stopping or changing);
(e) The address and telephone number of the consumer's in-home/relative provider;
(f) The consumer's home address and telephone number; and
(g) The consumer's legal obligation to pay child support;
(4) Report to DSHS's WCCC staff, within twenty-four hours, any pending charges or conviction information the consumer learns about his or her in-home/relative provider; and
(5) Report to DSHS's WCCC staff, within twenty-four hours, any pending charges or conviction information the consumer learns about anyone sixteen years of age and older who lives with the provider when care occurs outside of the child's home.
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0031, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0031, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0031, filed 3/29/04 and 4/7/04, effective 5/28/04.]
(1) A copayment error. The consumer may be required to pay a higher copayment as stated in WAC 170-290-0085; or
(2) A WCCC payment error. If an overpayment occurs, the
consumer may receive an overpayment for what the provider is
allowed to bill, including billing for absent days (see
publication Child Care Subsidies, A Booklet for Licensed and
Certified Child Care Providers, DEL 22-877, revised ((2009))
2010).
[Statutory Authority: RCW 43.215.060, 43.215.070, 2006 c 265, and chapter 43.215 RCW. 09-22-043, § 170-290-0032, filed 10/28/09, effective 12/1/09. 08-08-047, recodified as § 170-290-0032, filed 3/27/08, effective 3/27/08. Statutory Authority: RCW 74.04.050, 74.12.340, and 74.13.085. 05-22-078, § 388-290-0032, filed 10/31/05, effective 12/1/05. Statutory Authority: RCW 74.04.050, 74.12.340, 74.13.085, and 2003 1st sp.s. c 25. 04-08-021 and 04-08-134, § 388-290-0032, filed 3/29/04 and 4/7/04, effective 5/28/04.]