WSR 17-12-035 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed May 31, 2017, 5:01 p.m., effective July 1, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: Incorporate provisions of 2017-19 collective bargaining agreement negotiated by family home child care providers that are codified in rule, specifically (1) daily subsidy child care program base rates paid to family home child care providers and hourly rates paid to in-home/relative providers, and (2) the time period in which providers must produce attendance records when requested by departments of social and health services or early learning.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0034, 170-290-0205, 170-290-0240, 170-290-0268, 170-290-2430, 170-290-2460, and 170-290-3566.
Adopted under notice filed as WSR 17-09-069 on May 24 [April 18], 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: May 31, 2017.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 16-19-107, filed 9/21/16, effective 10/22/16)
WAC 170-290-0034 Providers' responsibilities.
Child care providers who accept child care subsidies must do the following:
(1) Comply with:
(a) All of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified; or
(b) All of the requirements in WAC 170-290-0130 through 170-290-0167, 170-290-0250, and 170-290-0268, for child care providers who provide in-home/relative care;
(2) Report pending charges or convictions to DSHS as provided in:
(a) Chapter 170-295, 170-296A, or 170-297 WAC, for child care providers who are licensed or certified; or
(b) WAC 170-290-0138 (2) and (3), for child care providers who provide in-home/relative care;
(3) 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 must be provided to DSHS or DEL within two weeks of the date of a written request from either department. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be provided within twenty-eight consecutive calendar days 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 as provided in WAC 170-290-0268;
(4) Keep receipts for billed field trip/quality enhancement fees as follows:
(a) Receipts from the previous twelve months must be available immediately for review upon request by DEL;
(b) Receipts from one to five years old must be provided to DSHS or DEL within two weeks of the date of a written request from either department;
(5) Allow consumers access to their child at all times while the child is in care;
(6) Collect copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment to the provider within the previous sixty days;
(7) Follow billing procedures:
(a) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Family Home Child Care Providers,"; or
(b) As described in the most current version of "Child Care Subsidies: A Guide for Family, Friends and Neighbors Child Care Providers"; or
(c) As described in the most current version of "Child Care Subsidies: A Guide for Licensed and Certified Child Care Centers."
(8) Not claim a payment in any month a child has not attended at least one day within the authorization period in that month.
(9) Invoice the state no later than one calendar year after the actual date of service;
(10) For both licensed and certified providers and in-home/relative providers, not charge subsidized families the difference between the provider's customary rate and the maximum allowed state rate; and
(11) For licensed and certified providers, not charge subsidized families for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Absent days on days in which the child is scheduled to attend and authorized for care;
(c) Handling fees to process consumer copayments, child care services payments, or paperwork;
(d) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(e) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state.
AMENDATORY SECTION (Amending WSR 16-19-107, filed 9/21/16, effective 10/22/16)
WAC 170-290-0205 Daily child care rates—Licensed or certified family home child care providers.
(1) Base rate. DSHS pays the lesser of the following to a licensed or certified family home child care provider:
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy daily rate for that child as listed in the following table.
(Chart effective ((07/01/16)) until ratification of the 2017-19 collective bargaining agreement with SEIU 925, or July 1, 2017, whichever occurs later.)
(Chart effective upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, or July 1, 2017, whichever occurs later.)
(2) The family home child care WAC 170-296A-0010 and 170-296A-5550 allows providers to care for children from birth up to and including the day before their thirteenth birthday.
(3) If the family home provider cares for a child who is thirteen years of age or older, the provider must follow WAC 170-296A-0050 and 170-296A-5625 and the child must meet the special needs requirement according to WAC 170-290-0220.
(4) DSHS pays family home child care providers at the licensed home rate regardless of their relation to the children (with the exception listed in subsection (5) of this section). Refer to subsection (1) and the five through twelve year age range column for comparisons.
(5) DSHS cannot pay family home child care providers to provide care for children in their care if the provider is:
(a) The child's biological, adoptive or step-parent;
(b) The child's legal guardian or the guardian's spouse or live-in partner; or
(c) Another adult acting in loco parentis or that adult's spouse or live-in partner.
AMENDATORY SECTION (Amending WSR 16-19-107, filed 9/21/16, effective 10/22/16)
WAC 170-290-0240 Child care subsidy rates—In-home/relative providers.
(1) Base rate. When a consumer employs an in-home/relative provider, DSHS pays the lesser of the following to an eligible in-home/relative provider for child care:
(a) The provider's private pay rate for that child; or
(b) The maximum child care subsidy rate of two dollars and forty-seven cents per hour for the child who needs the greatest number of hours of care and two dollars and forty-four cents per hour for the care of each additional child in the family. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the maximum child care subsidy rate and the rate for each additional child in the family increase to two dollars and fifty cents per hour.
(2) DSHS may pay above the maximum hourly rate for children who have special needs under WAC 170-290-0235.
(3) DSHS makes the WCCC payment directly to a consumer's eligible provider.
(4) When applicable, DSHS pays the employer's share of the following:
(a) Social Security and medicare taxes (FICA) up to the wage limit;
(b) Federal Unemployment Taxes (FUTA); and
(c) State unemployment taxes (SUTA).
(5) If an in-home/relative provider receives less than the wage base limit per family in a calendar year, DSHS refunds all withheld taxes to the provider.
AMENDATORY SECTION (Amending WSR 12-11-025, filed 5/8/12, effective 6/8/12)
WAC 170-290-0268 Payment discrepancies—Provider overpayments.
(1) An overpayment occurs when a provider receives payment that is more than the provider is eligible to receive. Provider overpayments are established when that 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) With respect to license-exempt providers, bills the state for more than six children at one time during the same hours of care; or
(e) With respect to licensed or certified providers:
(i) Bills the state for more than the number of children they have in their licensed capacity; or
(ii) Is caring for a WCCC child outside their licensed allowable age range without a DEL-approved exception; or
(f) With respect to certified providers caring for children in a state bordering Washington:
(i) Is determined not to be in compliance with their state's licensing regulations; or
(ii) Fails to notify DSHS within ten days of any suspension, revocation, or change to their license.
(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. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be supplied within twenty-eight consecutive calendar days of the date of a written request from either department.
(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.
AMENDATORY SECTION (Amending WSR 15-24-070, filed 11/25/15, effective 12/26/15)
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. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be provided within twenty-eight consecutive calendar days 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.
AMENDATORY SECTION (Amending WSR 15-24-070, filed 11/25/15, effective 12/26/15)
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. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be supplied within twenty-eight consecutive calendar days of the date of a written request from either department.
(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.
AMENDATORY SECTION (Amending WSR 16-09-059, filed 4/15/16, effective 5/16/16)
WAC 170-290-3566 Subsidized child care providers' responsibilities.
Licensed or certified child care providers who accept SCC subsidies must do the following:
(1) Comply with all of the DEL child care licensing or certification requirements as provided in chapter 170-295, 170-296A, or 170-297 WAC;
(2) Report pending charges or convictions to DSHS as provided in chapter 170-295, 170-296A, or 170-297 WAC;
(3) 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. Beginning July 1, 2017, or upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, whichever occurs later, the records must be provided within twenty-eight consecutive calendar days of the date of a written request from either department.
(c) Failure to make attendance records available as provided in this subsection may:
(i) Result in the immediate suspension of the provider's subsidy payments; and
(ii) Establish a provider overpayment as provided in WAC 170-290-0268;
(4) Allow consumers access to their child at all times while the child is in care;
(5) Collect copayments directly from the consumer or the consumer's third-party payor, and report to DSHS if the consumer has not paid a copayment to the provider within the previous sixty days;
(6) Follow billing procedures as described in the most recent version of "Child Care Subsidies: A Guide for Licensed and Certified Family Home Child Care Providers"; "Child Care Subsidies: A Guide for Licensed and Certified Child Care Centers," including billing only for actual units of child care under WCCC billing guidelines;
(7) Not claim a payment in any month in which a child has not attended at least one day in that month;
(8) Invoice the state no later than one calendar year after the actual date of service;
(9) Not charge subsidized families for:
(a) The difference between the provider's customary rate and the maximum allowed state rate;
(b) Registration fees in excess of what is paid by subsidy program rules;
(c) Absent days on days in which the child is not scheduled and authorized for care;
(d) Handling fees to process consumer copayments, child care services payments, or paperwork;
(e) Fees for materials, supplies, or equipment required to meet licensing rules and regulations; or
(f) Child care or fees related to subsidy billing invoices that are in dispute between the provider and the state; and
(10) For providers who care for children in states bordering Washington, verify that they are currently complying with their state's licensing regulations, and notify DSHS within ten days of any suspension, revocation, or changes to their license.
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