WSR 17-09-017 PERMANENT RULES DEPARTMENT OF EARLY LEARNING [Filed April 7, 2017, 5:07 p.m., effective May 8, 2017]
Effective Date of Rule: Thirty-one days after filing.
Purpose: Strike language that conflicts with WAC 170-290-0125, which is incorporated by reference and better clarify that subsidized child care program consumers are responsible for paying for child care that does not qualify for program benefits.
Citation of Existing Rules Affected by this Order: Amending WAC 170-290-0030.
Adopted under notice filed as WSR 17-01-157 on December 21, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: March 31, 2017.
Ross Hunter
Director
AMENDATORY SECTION (Amending WSR 16-09-059, filed 4/15/16, effective 5/16/16)
WAC 170-290-0030 Consumers' responsibilities.
When a person applies for or receives WCCC benefits, the applicant or consumer must, as a condition of receiving those benefits:
(1) Give DSHS correct and current information so DSHS can determine eligibility and authorize child care payments correctly;
(2) Choose a provider who meets requirements of WAC 170-290-0125;
(3) Pay the copayment directly to the child care provider or arrange for a third party to pay the copayment directly to the provider;
(4) 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 or a license-exempt provider who is no longer providing child care. "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;
(5) ((Only use WCCC benefits while the consumer is participating in WCCC approved activities outside the consumer's home;
(6))) Pay the provider for child care services when the consumer requests additional child care ((for personal reasons other than participating in WCCC approved activities that have been authorized by DSHS)) beyond the current authorization;
(((7))) (6) Pay the provider for optional child care programs that the consumer requests. The provider must have a written policy in place charging all families for these optional child care programs;
(((8))) (7) Pay the provider the same late fees that are charged to other families, if the consumer pays a copayment late or picks up the child late;
(((9))) (8) Ensure that care is provided in the correct home per WAC 170-290-0130 if the consumer uses an in-home/relative provider, and monitor the in-home/relative provider's quality of care to ensure that the child's environmental, physical, nutritional, emotional, cognitive, safety, and social needs are being met;
(((10))) (9) Cooperate (provide the information requested) with the child care subsidy audit process:
(a) A consumer becomes ineligible for WCCC benefits upon a determination of noncooperation;
(b) The consumer remains ineligible until he or she meets child care subsidy audit requirements;
(c) The consumer may become eligible again when he or she meets WCCC requirements in part II of this chapter and cooperates;
(d) Care can begin on or after the date the consumer cooperated and meets WCCC requirements in Part II of this chapter.
(((11))) (10) Provide the information requested by the fraud early detection (FRED) investigator from the DSHS office of fraud and accountability (OFA). If the consumer refuses to provide the information requested within fourteen days, it could affect the consumer's benefits;
(((12))) (11) Document their child's attendance in child care by having the consumer or other person authorized by the consumer to take the child to or from the child care:
(a) If the provider uses a paper attendance record, sign the child in on arrival and sign the child out at departure, using their full signature and writing the time of arrival and departure; or
(b) Record the child's attendance using an electronic system if used by the provider;
(((13))) (12) Provide the in-home/relative provider the names, addresses, and telephone numbers of persons who are authorized to pick up the child from care; and
(((14))) (13) Ensure that their children who receive child care outside of their own home are current on all immunizations required under WAC 246-105-030, except when the parent or guardian provides:
(a) A department of health (DOH) medical exemption form signed by a health care professional; or
(b) A DOH form or similar statement signed by the child's parent or guardian expressing a religious, philosophical or personal objection to immunization.
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