CHILDREN, YOUTH, AND FAMILIES
[Filed April 8, 2020, 9:41 a.m., effective April 8, 2020, 9:41 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: For Working Connections and Seasonal Child Care: Eliminate consumers' copay for the months of April, May, and June 2020 and allow an eligible provider to claim working connections child care payment based on enrollment, rather than attendance, for the period March 16 through April 30, 2020.
Citation of Rules Affected by this Order: Amending WAC 110-15-030 and 110-15-034.
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 110-15-0030 and 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 April 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.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 8, 200 .
AMENDATORY SECTION(Amending WSR 19-08-020, filed 3/26/19, effective 4/26/19)
WAC 110-15-0030Consumer's responsibilities.
When a person applies for or receives WCCC benefits, as a condition of receiving those benefits, the applicant or consumer must:
(1) Give ((DSHS))DCYF correct and current information so ((DSHS))DCYF can determine eligibility and authorize child care payments correctly;
(2) Choose a provider who meets the requirements of WAC 110-15-0125;
(3) Pay the copayment directly to the child care provider or arrange for a third party to pay the copayment directly to the provider, except:
(a) The copayment is not required for the months of April, May, and June 2020;
(4) If the consumer or a third-party acting on behalf of the consumer fails to make a copayment when due, the consumer must do one or more of the following:
(a) Pay the child care provider the past due copayments;
(b) Provide ((DSHS))DCYF with a signed copy of a payment agreement between the consumer and child care provider that includes, but is not limited to, the following information:
(i) A description of the agreed payment plan;
(ii) If applicable, a description of any collection agency action that may be taken by the provider if the consumer fails to comply with the agreed payment plan;
(iii) If applicable, a description of in-kind services in lieu of paying the copayment; and
(iv) If applicable, payment forgiveness from the provider.
(c) Provide ((DSHS))DCYF proof that the consumer attempted to make a copayment to the provider, but the licensed provider is no longer in business or the license-exempt in-home/relative provider no longer provides child care. "Proof" includes, but is not limited to, a return receipt associated with a payment that was mailed to the provider that indicates the mailed payment was signed for but not picked up, or a returned, previously mailed payment that was not signed for or accepted.
(5) Pay the provider for child care services when the consumer requests additional child care beyond the current authorization;
(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;
(7) Pay the provider the same late fees that are charged to other families, if the consumer makes a late copayment or picks up the child late;
(8) Cooperate (provide the information requested) with the child care subsidy audit process. If the consumer does not provide the information requested:
(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.
(9) 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 may affect the consumer's benefits;
(10) Document the child's attendance in child care, or have a person authorized by the consumer to document the child's attendance, by:
(a) Signing the child in on arrival and out at departure, using a full signature and writing the time of arrival and departure, if the provider uses a paper attendance record; or
(b) Electronically recording the child's attendance as instructed, if an electronic system is used by the provider.
(11) Ensure that the consumer's 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.
(12) Ensure that care is provided in the correct home as required by WAC 110-16-0015(3) 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;
(13) Provide the in-home/relative provider with the names, addresses, and telephone numbers of persons who are authorized to pick up the child from care; and
(14) Provide other information and resources as necessary for the consumer's in-home/relative provider to be in compliance with the requirements of chapter 110-16 WAC including, but not limited to, WAC 110-16-0030 and 110-16-0035.
Reviser's note: RCW 34.05.395
requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
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,))(i) A provider eligible for payment under WAC 110-15-0106 may submit a claim for payment based on enrollment for the period March 16 through April 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.
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.