WSR 17-01-157 EXPEDITED RULES DEPARTMENT OF EARLY LEARNING [Filed December 21, 2016, 9:47 a.m.]
Title of Rule and Other Identifying Information: WAC 170-290-0030 Consumers' responsibilities.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Lori Anderson, Rules Coordinator, Department of Early Learning (DEL), P.O. Box 40970, Olympia, WA 98504-0970, or email rules@del.wa.gov, AND RECEIVED BY February 21, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposal strikes language that conflicts with WAC 170-290-0125, which is incorporated by reference. Additionally, the language that directs DEL's subsidized child care program consumers to pay for child care not eligible for program benefits has been edited to improve clarity. The proposed amendments do not make policy changes to the existing rule.
Reasons Supporting Proposal: DEL administers Washington state's working connections child care subsidy program. WAC 170-290-0030 explains the responsibilities of program applicants and consumers. The proposed amendment (1) better clarifies for program consumers and providers the consumers' responsibilities by removing conflicting language and (2) improves readability by using more concise language.
DEL believes the proposed amendments comply with RCW 34.05.353 (1)(a) and may be adopted through expedited rule making.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: DEL, governmental.
Name of Agency Personnel Responsible for Drafting: Matt Judge, Subsidy Policy Supervisor, DEL State Office, P.O. Box 40970, Olympia, WA 98504, (360) 725-4665; Implementation and Enforcement: DEL/DSHS, statewide.
December 21, 2016
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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