CHILDREN, YOUTH, AND FAMILIES
[Filed April 21, 2020, 2:33 p.m., effective April 21, 2020, 2:33 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: For Working Connections and Seasonal Child Care: Relieve all child care providers from collecting consumers' copayments for the months of April, May, and June 2020 and allow licensed child care providers to claim child care payment based on enrollment, rather than attendance, for the period March 16 through June 30, 2020.
Citation of Rules Affected by this Order: Amending WAC 110-15-0034.
Under RCW 34.05.350
the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Governor Jay Inslee issued Proclamation 20-05 declaring a State of Emergency in all counties in the state of Washington as a result of the outbreak of COVID-19. The governor's proclamation directed state agencies to do everything reasonably possible to respond to and recover from the COVID-19 outbreak. As of March 11, 2020, the World Health Organization has classified COVID-19 as a pandemic. The effects of its extreme risk of person-to-person transmission throughout Washington state significantly impact the life and health of our people, as well as our economy, and pose particular challenges to the availability of quality early learning and child care services for families with low incomes. These emergency amendments to WAC 110-15-0034 address these challenges by removing subsidy consumers' copays for three months to provide better access to quality early learning services and child care across the state and establish a more stable subsidy provider payment practice through the end of June 2020.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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: April 21, 2020.
AMENDATORY SECTION(Amending WSR 19-12-058, filed 10/11/19 [5/31/19], effective 7/1/19)
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, and 110-310
(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))payer, and report to DCYF if the consumer has not paid a copayment to the provider within the previous sixty days, except:
(a) For the months of April, May, and June 2020.
(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,))except:
(i) A licensed provider eligible for payment under WAC 110-15-0106 may submit a claim for payment based on enrollment for the period March 16 through June 30, 2020; and
(ii) 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) Claim an invoice for payment later than six months after the 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.