WSR 19-09-076
PROPOSED RULES
DEPARTMENT OF
CHILDREN, YOUTH, AND FAMILIES
[Filed April 17, 2019, 9:27 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-03-018.
Title of Rule and Other Identifying Information: Working connections and seasonal child care subsidy programs: New WAC 110-15-0024 Categorical eligibility and 110-15-0278 Consumer program violation; amending WAC 110-15-0015 Determining family size, 110-15-0034 Provider's responsibilities, 110-15-0090 Minimum copayment, 110-15-0120 When notice of payment changes is not required, 110-15-0200 Daily child care rates—Licensed or certified child care centers and DEL contracted seasonal day camps, 110-15-0205 Daily child care rates—Licensed or certified family home child care providers, 110-15-0210 Tiered reimbursement and quality improvement awards, 110-15-0240 Child care subsidy rates—In-home/relative providers, 110-15-0249 Nonstandard hours bonus, 110-15-0266 Payment discrepancies—Generally, 110-15-0267 Payment discrepancies—Provider underpayments, 110-15-0275 Payment discrepancies—Providers, 110-15-0277 Provider program violations and suspected fraud, 110-15-3566 Subsidized child care providers' responsibilities, 110-15-3850 Payment discrepancies generally and 110-15-3857 Program violations and suspected fraud; and repealing WAC 110-15-0130 In-home/relative providers—Eligibility and 110-15-0279 Program violation sanctions.
Hearing Location(s): On May 21, 2019, at 1:00, at 1110 Jefferson Street S.E., 1st Floor, Baker Conference Room, Olympia, Washington.
Date of Intended Adoption: May 31, 2019.
Submit Written Comments to: Department of Children, Youth, and Families (DCYF), Rules Coordinator, P.O. Box 40975, email dcyf.rulescoordinator@dcyf.wa.gov, fax 360-902-7903, submit comments online at https://del.wa.gov/PolicyProposalComment/Detail.aspx, by May 21, 2019.
Assistance for Persons with Disabilities: Contact DCYF rules coordinator, phone 360-902-7903 [7956], fax 360-902-7903, email dcyfrulescoordinator@dcyf.wa.gov, by May 14, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: For the working connections and seasonal child care programs: (1) Establish conditions under which certain children and families may receive program benefits regardless of meeting eligibility threshold. (2) Implement 2019-2021 collective bargaining agreements negotiated between the state of Washington and represented family home child cares. (3) Increase centers' rates. (4) Clarify program violations and enforcement process. (5) Clarify that notice of payment changes is not required when DCYF determines that enrolled children are exposed to a serious health or safety risk that impacts the provider's license or approval to participate in the subsidy program. (6) Clarify when a family may be eligible for the minimum copayment. (7) Clarify what is necessary for income verification and deadlines for receiving requested information. (8) Clarify that DCYF is solely responsible for service delivery of the working connections and seasonal child care programs. (9) Make housekeeping updates necessary after the decodification of chapter
43.215 RCW and Title 170 WAC and recodification to chapter
43.216 RCW and Title 110 WAC.
Reasons Supporting Proposal: (1) New proposed WAC 110-15-0024 is necessary to comply with section 1, chapter 9, Laws of 2017, which authorizes categorical eligibility to child welfare program participants. (2) Rule changes are necessary to implement family home child care providers' collective bargaining agreements for 2019-2021. (3) The federal child care development fund requires states to maintain the level of subsidy needed to ensure that providers can afford the cost of fully implementing high quality care and that all families have equal access to child care. The proposed increase in center rates responds to a corrective action directing DCYF to improve equal access for all families. The proposed increase will bring all center rates to at or above the 45th percentile for early achievers level 2 based on the 2018 market rate survey. (4) DCYF responded to licensed providers' concerns about current rules by negotiating with those providers proposed new WAC 110-15-0278, amended WAC 110-15-0277, and repealed WAC 110-15-0279. (5) Generally, the proposed rules clarify program policies that are frequently the subjects to [of] participants' questions. The proposed rules are intended to alleviate those questions by improving the rules' clarity and readability. Finally, the proposed rules implement chapter 52, Laws of 2018, which transfers the department of social and health [service]'s duties to DCYF effective July 1, 2019.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DCYF, governmental.
Name of Agency Personnel Responsible for Drafting: Jason Ramynke, Olympia, Washington, 360-688-0911; Implementation and Enforcement: DCYF, statewide.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. DCYF is not among the agencies listed as required to comply with RCW
34.05.328 (5)[(a)](i). DCYF does not voluntarily make that section applicable to the adoption of the proposed rules.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: The proposed rules primarily impact individuals. The proposals that do impact small businesses (child care providers) do not impose new requirements with a cost. They are limited to clarifying time limits for responding to request[s] for records to support invoices and time limits for correcting underpayments and overpayments.
April 17, 2019
Brenda Villarreal
Rules Coordinator
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0015Determining family size.
(1) ((DSHS))DCYF determines a consumer's family size as follows:
(a) For a single parent, including a minor parent living independently, ((DSHS))DCYF counts the consumer and the consumer's children;
(b) For unmarried parents who have at least one mutual child, ((DSHS))DCYF counts both parents and all of their children living in the household;
(c) Unmarried parents who have no mutual children are counted as separate WCCC ((families))households, the unmarried parents and their respective children living in the household;
(d) For married parents, ((DSHS))DCYF counts both parents and all of their children living in the household;
(e) For parents who are undocumented aliens as defined in WAC 388-424-0001, ((DSHS))DCYF counts the parents and children, documented and undocumented, and all other family rules in this section apply. Children needing care must meet citizenship requirements described in WAC ((170-290-0005))110-15-0005;
(f) For a legal guardian verified by a legal or court document, adult sibling or step-sibling, nephew, niece, aunt, uncle, grandparent, any of these relatives with the prefix "great," such as a "great-nephew," or an in loco parentis custodian who is not related to the child as described in WAC ((170-290-0005, DSHS))110-15-0005, DCYF counts only the children and only the children's income is counted;
(g) For a parent who is out of the household because of employer requirements, such as training or military service, and expected to return to the household, ((DSHS))DCYF counts the consumer, the absent parent, and the children;
(h) For a parent who is voluntarily out of the household for reasons other than requirements of the employer, such as unapproved schooling and visiting family members, and is expected to return to the household, ((DSHS))DCYF counts the consumer, the absent parent, and the children. WAC ((170-290-0020))110-15-0020 and all other family and household rules in this section apply;
(i) For a parent who is out of the country and waiting for legal reentry in to the United States, ((DSHS))DCYF counts only the consumer and children residing in the United States and all other family and household rules in this section apply;
(j) An incarcerated parent is not part of the household count for determining income and eligibility. ((DSHS))DCYF counts the remaining household members using all other family rules in this section; and
(k) For a parent incarcerated at a Washington state correctional facility whose child lives with them at the facility, ((DSHS))DCYF counts the parent and child as their own household.
(2) ((In addition to family members described in subsection (1)(a) through (k) of this section, siblings of the child needing care, unless they are parents themselves, who meet the following criteria are counted by DSHS as part of the family for WCCC eligibility:
(a) Eighteen year old siblings who are enrolled in high school or a general equivalency diploma (GED) program until turning nineteen or completing high school/GED, whichever comes first; and
(b) Siblings up to twenty-one years of age who are participating in an approved program through a school district's special education department under RCW 28A.155.020.))
When the household consists of the consumer's own child and another child identified in subsection (1)(f) of this section, the household may be combined into one household or kept as distinct households for the benefit of the consumer. NEW SECTION
WAC 110-15-0024Categorical eligibility for families receiving child protective, child welfare, or family assessment response services.
(1) Families with children who have received child protective services as defined and used by chapters
26.44 and
74.13 RCW, child welfare services as defined and used by chapter
74.13 RCW, or services through a family assessment response, as defined and used by chapter
26.44 RCW in the six months previous to application or reapplication for working connections child care (WCCC) benefits are eligible for WCCC benefits for a twelve-month period if, in addition the:
(a) Consumer is a Washington resident;
(b) Family has been referred for child care as part of the family's case management as defined by RCW
74.13.020; and
(c) Child or children are residing with a biological parent or guardian.
(2) Families eligible for WCCC under this section will:
(a) Have no copayment;
(b) Be authorized for full-time child care regardless of participation in an approved activity; and
(c) Be eligible to have benefits paid only to a licensed, certified, or contracted child care provider that meets the requirements in WAC 110-15-0125.
AMENDATORY SECTION(Amending WSR 19-01-111, filed 12/18/18, effective 1/18/19)
WAC 110-15-0034Providers' responsibilities.
Child care providers who accept child care subsidies must do the following:
(1) Licensed or certified child care providers who accept child care subsidies must comply with all child care licensing or certification requirements contained in this chapter, chapter
43.216 RCW and chapters 110-06, 110-300, 110-300A, 110-300B, and 110-305 WAC.
(2) In-home/relative child care providers must comply with the requirements contained in this chapter, chapter
43.216 RCW, and chapters 110-06 and 110-16 WAC.
(3) In-home/relative child care providers must not submit an invoice for more than six children for the same hours of care.
(4) All child care providers must use DCYF's electronic attendance recordkeeping system or a DCYF-approved electronic attendance recordkeeping system as required by WAC 110-15-0126. Providers must limit attendance system access to authorized individuals and for authorized purposes, and maintain physical and environmental security controls.
(a) Providers using DCYF's electronic recordkeeping system must submit monthly attendance records prior to claiming payment. Providers using a DCYF-approved electronic recordkeeping system must finalize attendance records prior to claiming payment.
(b) Providers must not edit attendance records after making a claim for payment.
(5) All child care providers must complete and maintain accurate daily attendance records. If requested by DCYF or DSHS, the provider must provide to the requesting agency the following records:
(a) Attendance records must be provided to DCYF or DSHS within twenty-eight calendar days of the date of a written request from either department.
(b) Pursuant to WAC 110-15-0268, the attendance records delivered to DCYF or DSHS may be used to determine whether a provider overpayment has been made and may result in the establishment of an overpayment and in an immediate suspension of the provider's subsidy payment.
(6) All child care providers must maintain and provide receipts for billed field trip/quality enhancement fees as follows. If requested by DCYF or DSHS, the provider must provide the following receipts for billed field trip/quality enhancement fees:
(a) Receipts from the previous twelve months must be available immediately for review upon request by DCYF;
(b) Receipts from one to five years old must be provided within twenty-eight days of the date of a written request from either department.
(7) All child care providers must collect copayments directly from the consumer or the consumer's third-party payor, and report to DCYF if the consumer has not paid a copayment to the provider within the previous sixty days.
(8) All child care providers must follow the billing procedures required by DCYF.
(9) Child care providers who accept child care subsidies must not:
(a) Claim a payment in any month a child has not attended at least one day within the authorization period in that month; however, in the event a ten-day notice terminating a provider's authorization extends into the following month, the provider may claim a payment for any remaining days of the ten calendar day notice in that following month;
(b) ((Submit))Claim an invoice for payment later than ((one calendar year))six months after the ((actual date))month of service, or the date of the invoice, whichever is later; or
(c) Charge consumers the difference between the provider's customary rate and the maximum allowed state rate.
(10) Licensed and certified providers must not charge consumers for:
(a) Registration fees in excess of what is paid by subsidy program rules;
(b) Days for which the child is scheduled and authorized for care but absent;
(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.
(11) Providers who care for children in states bordering Washington state must verify they are in compliance with their state's licensing regulations and notify DCYF within ten days of any suspension, revocation, or changes to their license.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0090Minimum copayment.
(1) The consumer is eligible for the minimum copayment ((is paid)) when:
(a) The consumer has countable monthly income at or below eighty-two percent of the federal poverty guidelines;
(b) The consumer is a minor parent and receives TANF; or
(c) The consumer is a minor parent and is part of the consumer's parent's or consumer's relative's TANF assistance unit.
(2) ((First application. The consumer pays the minimum copayment at first application for WCCC when benefits are paid. The consumer pays the minimum copayment:
(a) Beginning in the month that DSHS pays for WCCC child care services; and
(b) The first full calendar month thereafter.
(3) Reapplication. The consumer pays the minimum copayment at reapplication for WCCC after a break of at least thirty days in the consumer's approved activities. The consumer pays the minimum copayment:
(a) Beginning in the month that DSHS pays for WCCC services; and
(b) The first full calendar month thereafter.
(4) The consumer pays the minimum copayment when he or she is a minor parent, and:
(a) Receives TANF; or
(b) Is part of the parent's or relative's TANF assistance unit.
(5) DSHS))The consumer is eligible for the minimum copayment beginning the first month that DCYF pays for WCCC child care services and the first full calendar month thereafter for:
(a) A consumer's first approved application; and
(b) A consumer's approved application following a break of at least one calendar month of eligibility.
(3) If the consumer meets the conditions described in subsection (2) of this section, the consumer pays the minimum copayment beginning the first month that DCYF pays for WCCC child care services and the first full calendar month thereafter, even if the consumer's copayment for later months calculated under the provisions of WAC 110-15-0075 exceeds the cost of care.
(4) DCYF does not prorate the copayment.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0120When notice of payment changes is not required.
((DSHS))DCYF does not give a consumer written notice of changes to WCCC eligibility or provider payments when:
(1) The consumer tells ((DSHS))DCYF that he or she no longer wants WCCC; ((or))
(2) The consumer has not informed ((DSHS))DCYF of his or her new mailing address; or
(3) DCYF has determined that children have been exposed to a serious health or safety risk.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0200Daily child care rates—Licensed or certified child care centers and ((DEL))DCYF contracted seasonal day camps.
(1) Base rate.((DSHS))DCYF pays the lesser of the following to a licensed or certified child care center or ((DEL))DCYF contracted seasonal day camp:
(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:
| | ((Infants (One month - 11 mos.) | Toddlers (12 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $34.03 $17.02 | $28.62 $14.31 | $27.03 $13.52 | $25.46 $12.73 |
Spokane County | Full-Day Half-Day | $34.81 $17.41 | $29.28 $14.64 | $27.67 $13.84 | $26.05 $13.03 |
Region 2 | Full-Day Half-Day | $34.39 $17.20 | $28.68 $14.34 | $26.61 $13.31 | $23.53 $11.77 |
Region 3 | Full-Day Half-Day | $45.50 $22.75 | $37.93 $18.97 | $32.78 $16.39 | $31.82 $15.91 |
Region 4 | Full-Day Half-Day | $52.94 $26.47 | $44.20 $22.10 | $37.10 $18.55 | $33.41 $16.71 |
Region 5 | Full-Day Half-Day | $38.82 $19.41 | $33.41 $16.71 | $29.40 $14.70 | $26.12 $13.06 |
Region 6 | Full-Day Half-Day | $38.18 $19.09 | $32.78 $16.39 | $28.62 $14.31 | $28.01 $14.01 |
(Chart effective 09/01/17)))
| | Infants (One month - 11 mos.) | Toddlers (12 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $35.29 $17.65 | $32.44 $16.22 | $30.53 $15.26 | $20.41 $14.71 |
Spokane County | Full-Day Half-Day | $45.45 $22.73 | $38.77 $19.39 | $35.65 $17.83 | $26.05 $13.03 |
Region 2 | Full-Day Half-Day | $39.44 $19.72 | $31.62 $15.81 | $30.44 $15.22 | $23.53 $11.77 |
Region 3 | Full-Day Half-Day | $57.84 $28.92 | $49.47 $24.73 | $42.34 $21.17 | $31.82 $15.91 |
Region 4 | Full-Day Half-Day | $68.98 $34.49 | $59.59 $29.80 | $55.57 $27.79 | $33.41 $16.71 |
Region 5 | Full-Day Half-Day | $48.86 $24.43 | $40.33 $20.16 | $35.47 $17.74 | $26.12 $13.06 |
Region 6 | Full-Day Half-Day | $46.39 $23.20 | $39.22 $19.61 | $35.29 $17.65 | $28.01 $14.01 |
(i) Centers in Clark County are paid Region 3 rates.
(ii) Centers in Benton, Walla Walla, and Whitman counties are paid Region 6 rates.
(2) The child care center WAC ((170-295-0010 and 170-295-0050))110-300A-0010 and 110-300A-0050 allows providers to care for children from one month up to and including the ((day before))end of their eligibility period after their thirteenth birthday. The provider must obtain a child-specific and time-limited exception from their child care licensor to provide care for a child outside the age listed on the center's license. If the provider has an exception to care for a child who has ((reached))exceeded the child's thirteenth birthday, the payment rate is the same as subsection (1) of this section, and the five through twelve year age range column is used for comparison. WAC 110-300A-0010 and 110-300A-0050 are superseded by WAC 110-300-0005 and 110-300-0356, respectively, effective August 1, 2019.
(3) If the center provider cares for a child who is thirteen or older, the provider must have a child-specific and time-limited exception ((and)). The child must meet the special needs requirement according to WAC ((170-290-0220))110-15-0220 when thirteen or older at application or reapplication.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0205Daily child care rates—Licensed or certified family home child care providers.
(1) Base rate.((DSHS))DCYF 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((.
| | Infants (Birth - 11 mos.) | Enhanced Toddlers (12 - 17 mos.) | Toddlers (18 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $29.62 $14.81 | $29.62 $14.81 | $25.76 $12.88 | $23.78 $11.89 | $21.14 $10.57 |
Spokane County | Full-Day Half-Day | $30.32 $15.16 | $30.32 $15.16 | $26.36 $13.18 | $24.32 $12.16 | $21.60 $10.80 |
Region 2 | Full-Day Half-Day | $30.66 $15.33 | $30.66 $15.33 | $26.66 $13.33 | $24.44 $12.22 | $22.46 $11.23 |
Region 3 | Full-Day Half-Day | $41.98 $20.99 | $41.98 $20.99 | $35.54 $17.77 | $35.54 $17.77 | $28.80 $14.40 |
Region 4 | Full-Day Half-Day | $53.30 $26.65 | $53.30 $26.65 | $44.42 $22.21 | $39.98 $19.99 | $31.68 $15.84 |
Region 5 | Full-Day Half-Day | $36.34 $18.17 | $36.34 $18.17 | $31.60 $15.80 | $26.66 $13.33 | $22.46 $11.23 |
Region 6 | Full-Day Half-Day | $32.68 $16.34 | $32.68 $16.34 | $28.42 $14.21 | $26.66 $13.33 | $25.10 $12.55 |
(Chart effective until ratification of the 2017-19 collective bargaining agreement with SEIU 925, or July 1, 2017, whichever occurs later.)
| | ((Infants (Birth - 11 mos.) | Enhanced Toddlers (12 - 17 mos.) | Toddlers (18 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $30.21 $15.11 | $30.21 $15.11 | $26.28 $13.14 | $24.26 $12.13 | $21.56 $10.78 |
Spokane County | Full-Day Half-Day | $30.93 $15.47 | $30.93 $15.47 | $26.89 $13.45 | $24.81 $12.41 | $22.03 $11.02 |
Region 2 | Full-Day Half-Day | $31.27 $15.64 | $31.27 $15.64 | $27.19 $13.60 | $24.93 $12.47 | $22.91 $11.46 |
Region 3 | Full-Day Half-Day | $42.82 $21.41 | $42.82 $21.41 | $36.25 $18.13 | $36.25 $18.13 | $29.38 $14.69 |
Region 4 | Full-Day Half-Day | $54.37 $27.19 | $54.37 $27.19 | $45.31 $22.66 | $40.78 $20.39 | $32.31 $16.16 |
Region 5 | Full-Day Half-Day | $37.07 $18.54 | $37.07 $18.54 | $32.23 $16.12 | $27.19 $13.60 | $22.91 $11.46 |
Region 6 | Full-Day Half-Day | $33.33 $16.67 | $33.33 $16.67 | $28.99 $14.50 | $27.19 $13.60 | $25.60 $12.80 |
(Chart effective upon ratification of the 2017-19 collective bargaining agreement with SEIU 925, or July 1, 2017, whichever occurs later.)))effective upon ratification of the 2019-21 collective bargaining agreement with SEIU 925, or July 1, 2019, whichever occurs later:
| | Infants (Birth - 11 mos.) | Enhanced Toddlers (12 - 17 mos.) | Toddlers (18 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $31.25 $15.63 | $31.25 $15.63 | $26.79 $13.39 | $25.89 $12.95 | $22.32 $11.16 |
Spokane County | Full-Day Half-Day | $32.59 $16.29 | $32.59 $16.29 | $27.86 $13.84 | $26.79 $13.39 | $26.79 $13.39 |
Region 2 | Full-Day Half-Day | $32.14 $16.07 | $32.14 $16.07 | $29.46 $14.73 | $26.79 $13.39 | $25.00 $12.50 |
Region 3 | Full-Day Half-Day | $42.86 $21.43 | $42.86 $21.43 | $37.50 $18.75 | $36.25 $18.13 | $29.38 $14.69 |
Region 4 | Full-Day Half-Day | $54.37 $27.19 | $54.37 $27.19 | $48.70 $24.35 | $41.07 $20.54 | $32.31 $16.16 |
Region 5 | Full-Day Half-Day | $37.07 $18.54 | $37.07 $18.54 | $34.90 $17.45 | $31.25 $15.63 | $26.79 $13.39 |
Region 6 | Full-Day Half-Day | $33.93 $16.96 | $33.93 $16.96 | $31.25 $15.63 | $28.41 $14.20 | $25.89 $12.95 |
(c) The maximum child care subsidy daily rate for that child as listed in the following table beginning July 1, 2020:
| | Infants (Birth - 11 mos.) | Enhanced Toddlers (12 - 17 mos.) | Toddlers (18 - 29 mos.) | Preschool (30 mos. - 6 yrs not attending kindergarten or school) | School-age (5 - 12 yrs attending kindergarten or school) |
Region 1 | Full-Day Half-Day | $33.13 $16.56 | $33.13 $16.56 | $28.39 $14.20 | $27.45 $13.72 | $23.66 $11.83 |
Spokane County | Full-Day Half-Day | $34.54 $17.27 | $34.54 $17.27 | $29.34 $14.67 | $28.39 $14.20 | $28.39 $14.20 |
Region 2 | Full-Day Half-Day | $34.07 $17.04 | $34.07 $17.04 | $31.23 $15.62 | $28.39 $14.20 | $26.50 $13.25 |
Region 3 | Full-Day Half-Day | $45.43 $22.71 | $45.43 $22.71 | $39.75 $19.88 | $38.43 $19.21 | $31.14 $15.57 |
Region 4 | Full-Day Half-Day | $57.63 $28.82 | $57.63 $28.82 | $51.62 $25.81 | $43.54 $21.77 | $34.25 $17.13 |
Region 5 | Full-Day Half-Day | $39.29 $19.65 | $39.29 $19.65 | $37.00 $18.50 | $33.13 $16.56 | $28.39 $14.20 |
Region 6 | Full-Day Half-Day | $35.96 $17.98 | $35.96 $17.98 | $33.13 $16.56 | $30.11 $15.06 | $27.45 $13.72 |
(2) The half-day rate is increased for family home providers in all regions and for all ages to a partial-day rate that is seventy-five percent of the full-day rate when:
(a) The family home provider provides child care services for the child during a morning session and an afternoon session. A morning session shall begin at any time after 12:00 a.m. and end before 12:00 p.m. An afternoon session shall begin at any time after 12:00 p.m. and end before 12:00 a.m.;
(b) The family home provider is not entitled to payment at the full-day rate; and
(c) In no event shall a child care provider be entitled to two partial-day rates totaling one hundred fifty percent of the daily rate.
This subsection becomes effective upon ratification of the 2019-21 collective bargaining agreement with SEIU 925, or July 1, 2019, whichever occurs later.
(3) The family home child care WAC ((170-296A-0010 and 170-296A-5550))110-300B-0010 and 110-300B-5550 allow((s)) providers to care for children from birth up to and including the ((day before))end of their eligibility period after their thirteenth birthday. WAC 110-300B-0010 and 110-300B-5550 are superseded by WAC 110-300-0005 and 110-300-0355, respectively, effective August 1, 2019.
(((3)))(4) 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))110-300B-0050 and 110-300B-5625. A child who is thirteen years of age or older at application must meet the special needs requirement according to WAC ((170-290-0220.
(4) DSHS))110-15-0220. If the provider has an exception to care for a child who has reached the child's thirteenth birthday, the payment rate is the same as subsection (1) of this section and the five through twelve year age range column is used for comparison. WAC 110-300B-0050 and 110-300B-5625 are superseded by WAC 110-300-0300 and 110-300-0355, respectively, effective August 1, 2019.
(5) DCYF 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)))(6) of this section). ((Refer to subsection (1) and the five through twelve year age range column for comparisons.
(5) DSHS))
(6) DCYF 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 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0210Tiered reimbursement and quality improvement awards.
(1) ((Starting September 1, 2013, providers receiving payment under the WCCC program will receive a two percent increase in the subsidy rate, calculated on the base rate, for enrolling in level 2 in the early achievers program. Providers must complete level 2, advance to level 3 within thirty months, and maintain a level 3 rating in order to maintain this increase.))Providers receiving payment under the WCCC program will receive a tiered reimbursement as outlined in the "Early Achievers Operating Guidelines."
(2) Quality improvement awards, as described by chapter ((43.215))43.216 RCW, are reserved for early achievers participating providers offering programs to an enrollment population consisting of at least five percent of ((nonschool age)) children receiving a state subsidy.
(a) Qualifying state subsidy programs include working connections child care (WCCC), seasonal child care (SCC), ((children's administration (CA)))DCYF child welfare child care programs, homeless child care program (HCCP), ECLIPSE and ((medicare))medicaid child care programs. Other qualifying programs may include those supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations.
(i) Participants providing homeless child care program, ECLIPSE, or medicaid services must present ((DEL))DCYF with information indicating that services were provided under these programs.
(ii) Participants providing subsidized child care supported by municipalities, colleges or universities, local school districts, or federally recognized tribal organizations must present ((DEL))DCYF with information indicating that services were provided under these programs.
(b) Percent subsidy calculations are derived from a monthly average of the number of children receiving ((state))qualifying subsidy divided by the monthly average licensed capacity of a specific provider over a twelve-month period.
(i) The twelve-month period utilized for the above calculation will include the twelve months prior to the formal release of a facility's early achievers rating.
(ii) Facilities must have provided care at least one day in a given month for that month to be utilized in the above calculation.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0240Child care subsidy rates—In-home/relative providers.
(1) Base rate. When a consumer employs an in-home/relative provider, ((DSHS))DCYF 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))fifty-five cents per hour ((for the))per 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)). Beginning July 1, 2020, the maximum child care subsidy rate is two dollars and sixty-five cents per hour per child.
(2) ((DSHS))DCYF may pay above the maximum hourly rate for children who have special needs ((under WAC 170-290-0235))pursuant to WAC 110-15-0235.
(3) ((DSHS))DCYF makes the WCCC payment directly to a consumer's eligible provider.
(4) When applicable, ((DSHS))DCYF 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))DCYF refunds all withheld taxes to the provider.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0249Nonstandard hours bonus.
(1) A consumer's provider may receive a nonstandard hours bonus (NSHB) payment ((of seventy-five dollars)) per child per month for care provided if:
(a) The provider is licensed or certified;
(b) The provider provides at least thirty hours of nonstandard hours care during one month; and
(c) The total cost of the NSHB to the state does not exceed the amount appropriated for this purpose by the legislature for the current state fiscal year.
(2) Nonstandard hours are defined as:
(a) Before 6 a.m. or after 6 p.m.;
(b) Any hours on Saturdays and Sundays; and
(c) Any hours on legal holidays, as defined in RCW
1.16.050.
(3) NSHB amounts are:
(a) Seventy-six dollars and fifty cents for family homes; and
(b) Seventy-five dollars for centers.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0266Payment discrepancies—Generally.
(1) Payment discrepancies include both underpayments and overpayments.
(2) For consumers not covered under WAC ((170-290-0267 through 170-290-0275))110-15-0267 through 110-15-0275, payment discrepancies are subject to chapter 388-410 WAC.
(3) For providers covered under the collective bargaining agreement, all other payment discrepancy issues are covered under WAC ((170-290-0275 and 170-290-0277))110-15-0275 and 110-15-0277.
(4) For all providers, payment discrepancies resulting from program violations or suspected fraud are covered under WAC ((170-290-0277 and 170-290-0279))110-15-0277 and 110-15-0278.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0267Payment discrepancies—Provider underpayments.
(1) Underpayments to a provider occur if ((DSHS))DCYF pays less than the amount the provider is eligible to receive.
(2) Underpayment requests will only be considered by DSHS if the provider submitted the original invoice for payment to ((DSHS))DCYF no later than ((twelve))six months after the date of service.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0275Payment discrepancies—Providers.
(1) This section applies to all child care providers.
(2) ((For in-home/relative and licensed family home child care providers, disputes regarding underpayments are grievable.
(3) Payment discrepancies may be corrected based on time frames for payment. Correction of payment discrepancies depends on the following circumstances:
(a))) Providers must submit a billing invoice for payment within ((twelve))six months of the date ((of service))child care services are provided. Any invoice submitted more than ((twelve))six months from date ((of service))child care services are provided will not be processed.
(((b) If the billing invoice for payment is made within the twelve-month period, the time limits for correcting payment errors are:))(3) For purposes of correcting payment errors based on correctly submitted invoices under the provisions of subsection (2) of this section, the following time limits apply:
(a) For underpayments:
(i) Two years back from the date the payment was issued if the error ((is))was based on rates paid by age or region, ((unless the error is discovered by a federal audit, in which case the provider has up to twenty-four months after the date of service to ask for a corrected payment))except as provided in (a)(iii) of this subsection; or
(ii) Three years back from the date payment was issued if the error was based on any issue other than rates paid by age or region; and
(iii) Three years back ((if the error was for any other reason, including an error discovered))from the date the payment was issued for any underpayment identified by a federal or state audit((, in which case the provider has up to three years after the date of service to ask for a corrected payment)).
(b) For overpayments:
(i) Two years back from the date payment was issued if the error was based on rates paid by age or region, except as provided in (b)(iii) of this subsection; and DSHS or DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within two years of the date the payment was issued; or
(ii) Three years back from the date payment was issued if the error was based on any issue other than rates paid by age or region; DSHS or DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within three years of the date the payment was issued; and
(iii) Three years back from the date the payment was issued for any overpayment identified by a federal or state audit; DSHS or DCYF must notify the provider of the overpayment by personal service or by certified mail, return receipt requested, within three years of the date the payment was issued.
(4) For in-home/relative and family home child care providers, disputes regarding underpayments may be addressed through the grievance process provided for in the collective bargaining agreement.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-0277Provider program violations ((and suspected fraud)).
((Eligible child care providers described in WAC 170-290-0125 must comply with all provider responsibilities listed in WAC 170-290-0034. Failure to comply causing a provider overpayment will result in a program violation finding and may cause the agency to impose sanctions.
(1) Administrative errors are payment discrepancies which result from a departmental mistake. Provider overpayments caused by administrative error still require repayment of ineligible amounts. Administrative errors will not result in a finding of a program violation.
(2) An unintentional program violation is an overpayment resulting from a provider's error and not caused with willful knowledge.
(a) An unintentional program violation can include a provider's unfamiliarity with program rules and requirements.
(b) Any unintentional provider error resulting in an overpayment will result in department consultation with the provider.
(c) The department tracks all unintentional program violations in order to identify program improvement areas.
(d) Unintentional program violations require provider repayment of ineligible funds.
(3) An intentional program violation is an overpayment caused by a provider's willful failure to comply with program rules.
(a) Any repeated misrepresentation of invoices or other information submitted to the department or failure to submit documentation upon request is an intentional program violation.
(b) If a provider has been consulted by the department for billing concerns and overpayment but then continues to have overpayment findings, then the department will impose sanctions as listed in WAC 170-290-0279.
(c) Overpayments caused by intentional program violations require provider repayment of ineligible funds.
(d) Beginning March 1, 2018, all intentional program violations will be cited by the department, and providers with more than three instances of intentional program violations will be subject to review for program ineligibility.
(i) The department has discretion to impose additional sanctions if a provider has more than three instances of intentional program violations.
(ii) As per WAC 170-290-0280 and 170-290-0285, a provider can dispute the department's finding of program ineligibility.
(4) Suspected fraud is a departmental determination resulting in referral to the office of fraud and accountability (OFA) at the department of social and health services (DSHS).
(a) Program fraud is defined in RCW 74.04.004. Program staff at the department of early learning and DSHS do not criminally investigate fraud. OFA conducts criminal investigations and pursues prosecution of program fraud. (b) Departmental program staff will identify instances of suspected fraud when facts available to the department indicate the provider willfully violated program rules. This includes repeated instances of misrepresentation.
(c) Program staff will not inform the provider when suspected fraud is referred to OFA.
(d) Providers convicted for program fraud are permanently barred from future participation in the program as a child care provider or consumer.))(1) A provider's failure to comply with a requirement or condition described in this chapter may result in a program violation finding and may cause the department to terminate the provider from the WCCC program. If the department determines a provider failed to comply with a requirement or condition described in this chapter, the department may do one or more of the following:
(a) Offer and provide technical assistance to allow the provider an opportunity to correct the noncompliance issue or issues;
(b) Require a provider compliance agreement (PCA) for the purpose of correcting noncompliance issues;
(c) Terminate the provider's participation in the WCCC subsidy program based on a department determination of the third noncompliance within twenty-four months; and
(d) Establish an overpayment as outlined in WAC 110-15-0268.
(2) A provider compliance agreement (PCA) must contain the following:
(a) A description of the noncompliance issues and the regulations or statutes violated;
(b) A statement from the provider describing the provider's proposed plan to comply with the regulations or statutes;
(c) The date by which the noncompliance issues must be corrected; and
(d) The signatures of the provider and the department representative agreeing to the terms of the PCA.
(3) On or after the date the provider must be in compliance under subsection (2)(c) of this section, the department must provide written verification indicating whether the corrective action requirements described in the PCA were satisfactorily corrected.
(4) A provider found to have committed fraud to obtain child care subsidy payments is permanently disqualified from future participation in the WCCC program as a child care provider or consumer. The department considers a consumer or entity to have committed fraud when:
(a) A judgment of conviction has been entered against an individual or entity by a federal, state, or local court, regardless of whether:
(i) There is a post-trial motion or an appeal pending; or
(ii) The judgment of conviction or other record relating to the criminal conduct has been expunged or otherwise removed.
(b) A federal, state, or local court has made a finding of guilt against an individual or entity;
(c) A federal, state, or local court has accepted a plea of guilty or Alford plea by an individual entity; or
(d) An individual or entity has entered into participation in a first offender, deferred adjudication, or other program or arrangement where judgment of conviction has been withheld.
NEW SECTION
WAC 110-15-0278Consumer program violation.
A consumer found to have committed fraud to obtain child care subsidy benefits is permanently disqualified from receiving child care subsidy program benefits. The department considers a consumer or entity to have committed fraud when:
(1) A judgment of conviction has been entered against an individual or entity by a federal, state, or local court, regardless of whether:
(a) There is a post-trial motion or an appeal pending; or
(b) The judgment of conviction or other record relating to the criminal conduct has been expunged or otherwise removed.
(2) A federal, state, or local court has made a finding of guilt against an individual or entity;
(3) A federal, state, or local court has accepted a plea of guilty or Alford plea by an individual or entity; or
(4) An individual or entity has entered into participation in a first offender, deferred adjudication or other program or arrangement where judgment of conviction has been withheld.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-3566Subsidized 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))DCYF child care licensing or certification requirements as provided in chapters((170-295, 170-296A, or 170-297))110-300A and 110-300B WAC until August 1, 2019, and chapter 110-300 WAC thereafter, and chapter 110-305 WAC;
(2) Report pending charges or convictions to ((DSHS))DCYF as provided in chapters((170-295, 170-296A, or 170-297))110-300A and 110-300B WAC until August 1, 2019, and chapter 110-300 WAC thereafter, and chapter 110-305 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;))110-15-0268.
(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))DCYF 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))six months 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))DCYF within ten days of any suspension, revocation, or changes to their license.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-3850Payment discrepancies generally.
Child care subsidy payment discrepancies are described in WAC((170-290-0266 through 170-290-0275))110-15-0266 through 110-15-0275, with the exception of underpayments requested by licensed child care centers, which will only be considered for ((twelve))six months after the date of services.
AMENDATORY SECTION(Amending WSR 18-14-078, filed 6/29/18, effective 7/1/18)
WAC 110-15-3857Program violations and suspected fraud.
WAC ((170-290-0277 and 170-290-0279))110-15-0277 and 110-15-0278 apply to the seasonal child care program.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 110-15-0130 | In-home/relative providers—Eligibility. |
WAC 110-15-0279 | Program violation sanctions. |