WSR 15-21-060 PROPOSED RULES DEPARTMENT OF EARLY LEARNING [Filed October 19, 2015, 11:40 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-11-086.
Title of Rule and Other Identifying Information: Adding a new subsection title: Early Head Start—Child Care Partnership Slots; adding new sections WAC 170-290-2401 Eligible consumers, 170-290-2410 Application for early head start—Child care partnership slots, 170-290-2420 Copay for early head start—Child care partnership slots, 170-290-2426 Eligibility period for early head start—Child care partnership slots, 170-290-2430 Eligible early head start—Child care partnership slots providers, 170-290-2435 Subsidy payments for early head start—Child care partnership slots providers, 170-290-2440 Early achievers payments for partnership slots providers, 170-290-2445 Reapplication for early head start—Child care partnership slots, 170-290-2450 Deenrollment process for early head start—Child care partnership slots providers, 170-290-2455 Payment discrepancies for early head start—Child care partnership slots consumers, 170-290-2460 Payment discrepancies for early head start—Child care partnership slots providers, and 170-290-2465 Administrative hearings for early head start—Child care partnership slots.
Hearing Location(s): NEW ESD 101, Conference Center – Classroom 1, 4202 South Regal Street, Spokane, WA 99223, on November 24, 2015, at 9:00 a.m.; and at the Department of Early Learning (DEL), State Office, Room 130, 1110 Jefferson Street S.E., Olympia, WA 98501, on November 24, 2015, at 4:00 p.m.
Date of Intended Adoption: Not earlier than November 24, 2015.
Submit Written Comments to: Rules Coordinator, DEL, P.O. Box 40970, Olympia, WA 98504-0970, e-mail rules@del.wa.gov, fax (360) 725-4925, by November 24, 2015.
Assistance for Persons with Disabilities: Contact DEL rules coordinator, by November 16, 2015, (360) 725-4670.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these new proposed rules is to facilitate expanded availability of quality, comprehensive full day, full year early learning opportunities for infants and toddlers through layering of child care development fund moneys and early head start funds into partnership slots. This rule making accomplishes this by establishing in the WAC chapter concerning working connections child care (WCCC) rules specific to the partnership slots that distinguish them from the WCCC voucher program.
Reasons Supporting Proposal: The Federal Administration for Children and Families, as part of President Obama's Early Learning Initiative, has set aside substantial funds for new early head start-child care partnership grants that allow for the expansion. Furthermore, grantees have been selected for Washington state and they have partnered with programs in anticipation of a January 1, 2016, start date for their partnership slots.
Statute Being Implemented: Chapter 43.215 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Matt Judge, Subsidy Policy Supervisor, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4665; Implementation and Enforcement: DEL licensing offices, statewide.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are not expected to impose new costs on businesses that are required to comply. If the rules result in costs, those costs are not expected to be "more than minor" as defined in chapter 19.85 RCW.
A cost-benefit analysis is not required under RCW 34.05.328. DEL is not among the agencies listed as required to comply with RCW 34.05.328.
October 16, 2015
Ross Hunter
Director
Early Head Start—Child Care Partnership Slots
NEW SECTION
WAC 170-290-2401 Eligible consumers.
(1) To be an eligible parent, the person applying must meet the requirements under WAC 170-290-0005, 170-290-0015 and 170-290-0020.
(2) To be an eligible child, the child must meet the requirements under WAC 170-290-0005, 170-290-0015 and 170-290-0020. Verification of citizenship and immigration status is not required for a child participating in the Early Head Start–Child Care Partnership Slots program.
NEW SECTION
WAC 170-290-2410 Application for Early Head Start—Child Care Partnership Slots.
(1) Working connections child care (WCCC) benefits for an eligible consumer may begin when the following conditions are met:
(a) The consumer has completed the required WCCC application and verification process as described under WAC 170-290-0012 within thirty days of the date DSHS received the consumer's application;
(b) The consumer is working or participating in an approved activity under WAC 170-290-0040, 170-290-0045, 170-290-0050, or 170-290-0055;
(c) The consumer needs child care for work or approved activities within at least thirty days of the date of application for benefits;
(d) The consumer is participating in the early head start program; and
(e) The consumer's eligible provider (under WAC 170-290-0125) is caring for his or her children.
(2) If a consumer fails to turn in all information within thirty days from his or her application date, the consumer must restart the application process.
(3) The consumer's application date is whichever is earlier:
(a) The date the consumer's application is entered into DSHS' automated system; or
(b) The date the consumer's application is date stamped as received.
(4) Partnership-slot consumers have priority with the enactment of a wait list.
NEW SECTION
WAC 170-290-2420 Copay for Early Head Start—Child Care Partnership Slots.
(1) If the consumer's family countable monthly income falls within the range below, then the copayment is:
(2) DSHS does not prorate the copayment when a consumer uses care for part of a month.
(3) The copayment is per family, not per provider or child. If the consumer has a child receiving working connections child care (WCCC) and another child receiving partnership-slot child care, the consumer chooses which provider will receive the copayment.
(4) The consumer pays the minimum copayment when he or she is a minor parent, and:
(a) Receives temporary assistance for needy families (TANF); or
(b) Is part of the parent's or relative's TANF assistance unit.
(5) The consumer pays the copayment directly to the child care provider or arranges for a third party to pay the copayment directly to the provider.
(6) In cases of overdue or past due copayments, the consumer, as a condition of maintaining eligibility, must do one or more of the following:
(a) Pay past or overdue copayments.
(b) Give DSHS a written agreement between the provider and consumer to verify that copayment arrangements include one or more of the following:
(i) An installment payment plan;
(ii) A collection agency payment plan;
(iii) In-kind services in lieu of paying the copayment; or
(iv) Forgiveness of the copayment from the provider; or
(c) Provide proof that the consumer has attempted to pay a copayment to a licensed provider who is no longer in business. "Proof" includes, but is not limited to, a return receipt that was signed for and not responded to, or a returned document that was not picked up.
(7) The provider collects copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment within the previous sixty days.
(8) The FPG is updated every year on April 1st. The WCCC eligibility level is updated at the same time every year to remain current with the FPG.
NEW SECTION
WAC 170-290-2426 Eligibility period for Early Head Start—Child Care Partnership Slots.
(1) A consumer who meets all of the requirements of partnership-slot eligibility may receive partnership-slot subsidies for a twelve month certification period.
(2) The period begins when:
(a) The child participates in early head start with an eligible provider;
(b) The consumer completes the application and verification process.
(3) A consumer's eligibility may end sooner if:
(a) The consumer no longer wishes to participate in working connections child care (WCCC);
(b) The child no longer participates in early head start programs; or
(c) DSHS terminates the consumer's eligibility when:
(i) The consumer does not comply with the copayment requirements of WAC 170-290-0030 (3) and (4);
(ii) The consumer does not cooperate with the child care subsidy audit process or with the DSHS office of fraud and accountability (OFA).
(4) A consumer may be eligible for WCCC again beginning on the date that the consumer:
(a) Complies with the copayment requirements of WAC 170-290-0030 (3) and (4); and
(b) Cooperates with the child care subsidy audit process or with the DSHS OFA.
NEW SECTION
WAC 170-290-2430 Eligible Early Head Start—Child Care Partnership Slots providers.
To receive payment a consumer's child care provider must:
(1) Be a licensed, certified, or DEL-contracted provider.
(a) Licensed providers are licensed as required by chapter 43.215 RCW and chapter 170-295, 170-296A, or 170-297 WAC.
(b) Certified providers are exempt from licensing but certified by DEL, such as:
(i) Tribal child care facilities that meet the requirements of tribal law;
(ii) Child care facilities on a military installation; and
(iii) Child care facilities operated on public school property by a school district.
(c) DEL-contracted seasonal day camp has a contract with DEL to provide subsidized child care.
(d) Meet Early Head Start–Child Care Partnership Slots provider requirements.
(2) Keep complete and accurate daily attendance records for children in their care, and allow access to DEL to inspect attendance records during all hours in which authorized child care is provided as follows:
(a) Current attendance records (including records from the previous twelve months) must be available immediately for review upon request by DEL.
(b) Attendance records older than twelve months to five years old must be provided to DSHS or DEL within two weeks of the date of a written request from either department.
(c) Failure to make available attendance records as provided in this subsection may:
(i) Result in the immediate suspension of the provider's subsidy payments; and
(ii) Establish a provider overpayment.
NEW SECTION
WAC 170-290-2435 Subsidy payments for Early Head Start—Child Care Partnership Slots providers.
(1) DSHS will not authorize registration fees, field trip fees, or a nonstandard hours bonus.
(2) Providers who accept child care subsidies must invoice the state no later than one calendar year after the actual date of service.
(3) Providers who accept child care subsidies under the Early Head Start—Child Care Partnership Slots receive payment rates as outlined in the partnership slot provider agreement.
NEW SECTION
WAC 170-290-2440 Early achievers payments for partnership slots providers.
To receive subsidy payment and be eligible for Early Head Start—Child Care Partnership Slots a new provider must:
(1) Effective January 1, 2016, enroll in early achievers within thirty days of the start date of the partnership agreement;
(2) Rate at a level three or higher within twelve months of enrollment;
(3) If the provider rates lower than a level three, complete remedial activities with the department and rate at a level three or higher within six months of the beginning of the remedial activities.
NEW SECTION
WAC 170-290-2445 Reapplication for Early Head Start—Child Care Partnership Slots.
(1) If a consumer wants to receive child care benefits for another eligibility period, they must reapply for working connections child care (WCCC) benefits before the end of the current eligibility period. To determine if a consumer remains eligible, DSHS:
(a) Requests reapplication information before the end date of the consumer's current WCCC eligibility period; and
(b) Verifies the requested information for completeness and accuracy.
(2) A consumer may be eligible for benefits for a new eligibility period if:
(a) DSHS receives the consumer's reapplication information no later than the last day of the current eligibility period;
(b) The consumer's provider is eligible for payment under WAC 170-290-0125;
(c) The consumer participates in the early head start program; and
(d) The consumer remains eligible for WCCC.
(3) If DSHS determines that a consumer is eligible for WCCC benefits based on his or her reapplication information, DSHS notifies the consumer of the new eligibility period and copayment.
(4) When a consumer submits a reapplication after the last day of his or her current eligibility period, the consumer's benefits begin:
(a) On the date that the consumer's reapplication is date-stamped as received in DSHS' community service office or entered into the DSHS automated system, whichever date is earlier;
(b) When the consumer participates in the early head start program; and
(c) An eligible WCCC provider cares for the consumer's child.
NEW SECTION
WAC 170-290-2450 Deenrollment process for Early Head Start—Child Care Partnership Slots providers.
(1) The partnership-slot provider may receive payment for up to thirty consecutive calendar days of vacancy.
(2) If the child does not attend by the fifteenth calendar day from the first day of absence, the provider must notify DSHS.
(3) DSHS will send a ten calendar day notice to the consumer that the child will be deenrolled and the authorization for the partnership-slot payment closed.
NEW SECTION
WAC 170-290-2455 Payment discrepancies for Early Head Start—Child Care Partnership Slots consumers.
(1) DSHS establishes overpayments for past or current consumers when the consumer:
(a) Received benefits when he or she was not eligible;
(b) Used care for an unapproved activity or for children not in the WCCC household;
(c) Failed to report information to DSHS resulting in an error in determining eligibility, amount of care authorized, or copayment;
(d) Used a provider that was not eligible per WAC 170-290-0125; or
(e) Received benefits for a child who was not eligible per WAC 170-290-0015 or 170-290-0020.
(2) DEL or DSHS may request documentation from a consumer when preparing to establish an overpayment. The consumer has fourteen consecutive calendar days to supply any requested documentation.
(3) Consumers are required to repay any benefits paid by DSHS that they were not eligible to receive.
(4) If an overpayment was made through departmental error, the consumer is still required to repay that amount.
(5) If a consumer is not eligible under WAC 170-290-0032 and the provider has billed correctly, the consumer is responsible for the entire overpayment, including any absent days.
NEW SECTION
WAC 170-290-2460 Payment discrepancies for Early Head Start—Child Care Partnership Slots providers.
(1) An overpayment occurs when a provider receives payment that is more than the provider is eligible to receive. Provider overpayments are established when a provider:
(a) Bills and receives payment for services not provided;
(b) Bills without attendance records that support their billing;
(c) Bills and receives payment for more than they are eligible to bill;
(d) Bills the state for more than the number of children they have in their licensed capacity;
(e) Is caring for a WCCC child outside their licensed allowable age range without a DEL-approved exception;
(f) Fails to notify DSHS within ten days of any suspension, revocation, or change to their license;
(g) Receives payment for a slot for which they were not eligible to bill:
(i) Payment for a slot left vacant over thirty consecutive days;
(ii) Duplicated payments for a contracted slot and WCCC units for care of the same child.
(2) DEL or DSHS may request documentation from a provider when preparing to establish an overpayment. The provider has fourteen consecutive calendar days to supply any requested documentation.
(3) Providers are required to repay any payments that they were not eligible to receive.
(4) If an overpayment was made through departmental error, the provider is still required to repay that amount.
NEW SECTION
WAC 170-290-2465 Administrative hearings for Early Head Start—Child Care Partnership Slots.
(1) Consumers have a right to request a hearing under chapter 388-02 WAC on any action affecting benefits except for mass changes resulting from a change in policy or law.
(2) Early Head Start–Child Care Partnership Slots providers may request hearings under chapter 388-02 WAC only for overpayments.
(3) To request a hearing, a consumer or partnership-slot provider:
(a) Contacts the DSHS office which sent them the notice; or
(b) Writes to the Office of Administrative Hearings, P.O. Box 42489, Olympia, WA 98504-2489; and
(c) Makes the request for a hearing within:
(i) Ninety days of the date a decision is received for consumers;
(ii) Twenty-eight days of the date a decision is received for providers.
(4) The office of administrative hearings administrative law judge enters initial or final orders as provided in WAC 388-02-0217. Initial orders may be appealed to a DSHS review judge under chapter 388-02 WAC.
(5) A consumer may receive benefits pending the outcome of a hearing if he or she requests the hearing:
(a) On or before the effective date of an action; or
(b) No more than ten days after DSHS sends the consumer a notice of adverse action. As used in this section, "adverse action" means an action to reduce or terminate a consumer's benefits.
(6) If a consumer loses a hearing, any benefit that a consumer uses between the date of the adverse action and the date of the hearing decision is an overpayment to the consumer.
(7) A consumer may not receive benefits pending the outcome of a hearing if he or she requests payment to a provider who is not eligible under WAC 170-290-0125.
(8) A consumer may receive benefits for another eligible provider, pending the outcome of the hearing.
| ||||||||||||