WSR 17-22-091 PROPOSED RULES
DEPARTMENT OF
EARLY LEARNING
[Filed October 30, 2017, 9:07 a.m.]
Continuance of WSR 17-19-112.
Preproposal statement of inquiry was filed as WSR 17-11-107.
Title of Rule and Other Identifying Information: Amending WAC 170-290-0003 Definitions, 170-290-0266 Payment discrepancies—Generally, 170-290-0268 Payment discrepancies—Provider overpayments, 170-290-0271 Payment discrepancies—Consumer overpayments, 170-290-0275 Payment discrepancies—Providers covered under collective bargaining and 170-290-0280 Right to request an administrative hearing; and new WAC 170-290-0277 Provider program violations and suspected fraud, 170-290-0279 Program violation sanctions, and 170-290-3857 Program violations and suspected fraud.
Hearing Location(s): On October 25, 2017, at 10:30 a.m., at 1110 Jefferson Street S.E., Room 113, Olympia, WA. Request to participate by phone by contacting the rules coordinator at rules@del.wa.gov or 360-725-4670 on or before October 20, 1027 [2017].
Date of Intended Adoption: October 27, 2017.
Submit Written Comments to: Rules Coordinator, P.O. Box 40970, Olympia, WA 98504-0970, email rules@del.wa.gov, fax 360-725-4925, by November 3, 2017.
Assistance for Persons with Disabilities: Contact rules coordinator, phone 360-725-4670, fax 360-725-4925, email rules@del.wa.gov, by October 20, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposals: (1) Define fraud and intentional program violations as those terms relate to providers participating in working connections child care and seasonal child care subsidy programs; (2) establish a progressive disqualification process for repeat intentional program violations; (3) clarify that all overpayments must be repaid; and (4) clarify sanctions that may result from intentional program violations.
Reasons Supporting Proposal: Proposals comply with SSB 5883 §5883 (2017-19 operating budget) directive to define fraud and intentional program violations as they relate to providers participating in working connections child care and seasonal child care subsidy programs and establish a progressive disqualification process for repeat intentional program violations. Proposals also comply with federal requirements to promote program integrity, align agency rules with federal policies and the department of early learning's (DEL) 2016-18 CCDF plan submitted to the U.SA. Administration for Children and Families.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Phi Ly, Subsidy Policy Analyst, DEL State Office, P.O. Box 40970, Olympia, WA 98504, 360-725-3522; Implementation and Enforcement: DEL/DSHS, 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. DEL is not among the agencies listed as required to comply with RCW 34.05.328 (5)[(a)](i). Further, DEL does not voluntarily make that section applicable to the adoption of this rule.
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 rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
October 30, 2017
Heather Moss
Director
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