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| Montana Administrative Register Notice 37-837 | No. 7 04/13/2018 | |
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BEFORE THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On May 3, 2018, at 10:00 a.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, at Helena, Montana, to consider the proposed adoption and amendment of the above-stated rules.
2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Public Health and Human Services no later than 5:00 p.m. on April 20, 2018, to advise us of the nature of the accommodation that you need. Please contact Todd Olson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-9503; fax (406) 444-9744; or e-mail [email protected].
3. The rules as proposed to be adopted provide as follows:
NEW RULE I BEST BEGINNINGS CHILD CARE SCHOLARSHIP PRESCHOOL (1) The Best Beginnings Child Care Scholarship will not reimburse child care services during preschool program hours at any of the following settings: (a) public or preschool settings, as defined in ARM 10.63.101; (b) state funded preschool programs; or (c) Head Start or other federally funded preschool programs. (2) The Best Beginnings Child Care Scholarship will reimburse any licensed or registered child care provider for wraparound care, including before and after-school care, at the half-day rate.
AUTH: 53-4-212, MCA
NEW RULE II CARE PROVIDED IN THE CHILD'S HOME (1) Child care assistance paid for care provided in a child's home must be approved by the department's Early Childhood Services Bureau. (2) Subsidized care provided in a child's home can only be paid to approved Family, Friend, and Neighbor and relative care providers. (3) One of the following criteria must be met to receive payment for subsidized care in a child's home: (a) a child approved as a child with disabilities or a child with special needs; (b) a child of a teen parent; or (c) a child whose parent works non-traditional hours.
AUTH: 53-4-212, MCA
4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
37.80.101 PURPOSE AND GENERAL LIMITATIONS (1) and (2) remain the same. (3) The Child Care Assistance Program will be administered in accordance with: (a) remains the same. (b) the Montana Child Care Manual, dated
IMP: 52-2-702, 52-2-704, 52-2-713, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA
37.80.102 DEFINITIONS As used in this chapter, the following definitions apply: (1) through (4) remain the same. (5) "Child care assistance" means (6) remains the same. (7) "Child care resource and referral agency (CCR&R agency)" or "resource and referral agency" means an agent of the department authorized to determine eligibility for benefits, process payment to providers, and carry out other functions as authorized by the department. (8) through (17) remain the same. (18) "Infant/toddler" for payment purposes means a child from birth to through the end of the 35th month of age. (18) and (19) remain the same, but are renumbered (19) and (20). (21) "Non-traditional hours of care" refers to the hours of care that fall outside of the traditional child care hours of 6 a.m. to 6 p.m. Monday through Friday. (21) remains the same, but is renumbered (23). (24) "Part-time child care" means care authorized for 30 hours or under per week on a regular basis. (25) "Preschool" means an educational program or school environment targeted to children at age four and up to kindergarten entry. (26) "Preschool-age child" for payment purposes means a child from thirty six months up to their sixth birthday. (22) remains the same, but is renumbered (27). (28) "Provider Rate" means the amount of reimbursement the department will pay an enrolled provider for child care provided to an eligible, enrolled child. (23) remains the same, but is renumbered (29). (30) "School-age child" for payment purposes means a child from six through the end of the 12th year of age. (24) and (25) remain the same, but are renumbered (31) and (32).
IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, 53-4-612, MCA
37.80.201 NONFINANCIAL REQUIREMENTS FOR ELIGIBILITY AND PRIORITY FOR ASSISTANCE (1) through (4) remain the same. (5) Due to limited funding for child care assistance, some households that meet all requirements for eligibility may not receive benefits. If there are insufficient funds to provide benefits to all eligible households, priority is as follows: (a) (b) (c) (d) a household experiencing homelessness; and (i) through (12) remain the same.
AUTH: 40-4-234, 52-2-704, 53-4-212, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, 53-2-201, 53-4-211, 53-4-601, 53-4-611, MCA
37.80.205 CHILD CARE RATES: PAYMENT REQUIREMENTS (1) The department calculates provider rates based on market rate surveys required by the Child Care and Development Block Grant Act of 2014. A half-time day rate is calculated for six or less hours of care during a calendar day. A full-time day rate is calculated for more than six hours and up to 12 hours during a calendar day. (2) Provider rates are listed on the Early Childhood Services Bureau website for each child care provider type. (3) Child care authorization and corresponding (4) remains the same. (5) The provider rates (6) and (7) remain the same. (8) The department will only pay a fee for registering a child in a child care facility if the registration fee is charged to all who enroll in the facility. (a) The payment will not exceed thirty dollars. (b) The fee will be available to registered family, registered group, and licensed child care centers. (c) The fee must be listed on the monthly invoice the parent is charged. (8) remains the same, but is renumbered (9).
37.80.206 ABSENT DAYS (1) Payment for absent days will only be made to licensed child care centers and registered family and group providers. Family, Friend, and Neighbor and relative care providers are not eligible for payment for absent days. The following requirements must be met for a qualified provider to be paid for a child's absent days: (a) (b) and (c) remain the same. (2) Child care providers may not charge (a) and (b) remain the same. (c) by actions of the parent (3) remains the same.
AUTH: 52-2-704, MCA IMP: 52-2-704, MCA
37.80.301 REQUIREMENTS FOR CHILD CARE FACILITIES, COMPLIANCE WITH EXISTING RULES, CERTIFICATION (1) and (2) remain the same. (3) Child care providers must be certified or recognized by the department or its designated agent as eligible to receive payment under this chapter. All applicable forms must be completed and submitted for approval. Registered and licensed facilities are approved by the Child Care Licensing (4) through (6) remain the same.
AUTH: 52-2-704, MCA IMP: 52-2-704, 52-2-713, 52-2-721, 52-2-722, 52-2-723, 52-2-731, MCA
37.80.316 REQUIREMENTS AND PROCEDURES FOR CHILD CARE PAYMENTS (1) through (3) remain the same. (4) In the case of direct payment to the parents, the parents and/or the provider bear sole responsibility: (a) for obtaining provider registration through ARM (b) remains the same. (5) The provider must submit a claim for covered child care services on the billing form provided by the department. Except as provided in (4)(a), a completed billing form with all information and documentation necessary to process the claim must be received by the resource and referral agency of the department within 60 calendar days after the last day of the calendar month in which the service was provided. Timely filing of claims in accordance with the requirements of this rule is a prerequisite for payment. In addition: (a) remains the same. (b) The claim must indicate the child's actual attendance accurately, within one (c) through (e) remain the same. (6) Once an invoice is submitted, invoices are processed within three business days by the child care resource and referral agency. (6) remains the same, but is renumbered (7).
AUTH: 52-2-704, MCA IMP: 52-2-704, 52-2-711, 52-2-713, MCA
37.80.501 TERMINATION OF CHILD CARE ASSISTANCE (1) Child care assistance will be terminated if any of the following occurs: (a) remains the same. (b) a parent (c) and (d) remain the same. (f) and (g) remain the same, but are renumbered (e) and (f). (2) When child care assistance is terminated due to the household's loss of eligibility, as specified in (1)(b), (c), (a) through (4) remain the same.
AUTH: 52-2-704, MCA IMP: 52-2-704, MCA
37.80.502 CHILD CARE OVERPAYMENT (1) and (2) remain the same. (3) (4) (5) remains the same.
5. STATEMENT OF REASONABLE NECESSITY
The Department of Public Health and Human Services (department) administers the Best Beginnings Child Care Scholarship (BBCCS) program which is funded by federal funds through the Child Care Development Fund (CCDF) with some matching state general fund monies. The BBCCS program offers child care assistance for low income families with working parents, families referred by Temporary Assistance for Needy Families (TANF), and children with Child Protective Services (CPS). The BBCCS program has eligibility determined through Child Care Resource and Referral (CCR&R) agencies.
The proposed rule changes are necessary to revise the department's policy manual for the program and conform the department's rules for the administration of the BBCCS program to the federal Child Care and Development Block Grant Act of 2014 and federal regulations at 45 CFR Part 98.
NEW RULE I
The department is proposing a new rule pertaining to preschool program hours. The Early Childhood Services Bureau (ECSB) has met with a policy work group with representation from the Best Beginnings Advisory Council, Head Start Directors, Child Care Directors, Early Childhood Project, Child Care Resource and Referral (CCR&R) Network, CCR&R eligibility staff, STARS preschool, and the Montana Head Start Association. ECSB’s current practice is to pay some Head Start providers as child care providers for all child care hours including preschool program hours. The department is going to discontinue this practice. The department is proposing this rule to clarify payments cannot be made for preschool program hours funded by state or federal funds.
NEW RULE II
The department is proposing a new rule limiting when a child care subsidy will be paid for care provided in the child’s home. The department is limiting payment for in-home care to children with disabilities or special needs, children of a teen parent, or children of a parent who works non-traditional hours.
ARM 37.80.101
This proposed rule amendment would adopt and incorporate by reference proposed revisions to the Early Childhood Services Bureau (ECSB) Child Care Policy Manual (manual) effective July 1, 2018. The proposed rule amendment is necessary to incorporate the manual revisions described below.
The department proposes to replace the terms "Certification Plan" with "Authorization Plan," "Certified Enrollment" with "Absent Days," "WoRC" with "Pathways," "FIA/EP" with "Employability/Service Plan," "GED" with "HiSET," "STARS" with "STARS to Quality," "Child Protective Services (CPS)" with "Child and Family Services Division (CFSD)," and "Re-certification" with "Redetermination" throughout the manual. These proposed term changes are necessary because commonly used terminology has changed.
The department proposes removing the term "Legally Certified Providers" throughout the manual. The proposed term change is necessary because legally certified providers are no longer a child care provider type qualified to receive payments for child care assistance.
Policy Section 1-1: Table of Contents
The department proposes changes to all subheadings to follow the formatting of the other policy manuals in the department's Human and Community Services Division.
Policy Section 1-2: Human & Community Services Division ECSB Organizational Chart
The department proposes updating to the current website address http://dphhs.mt.gov/hcsd/ChildCare.
Policy Section 1-3: Definitions
The department proposes to align the manual definitions with administrative rule. The department proposes to remove the following terms: "Absent Days," "Full-Time Child Care," "Full-time Field Experience and Class Time," and "Child with Special Needs" because the definitions are in ARM 37.80.102. The department proposes to remove "Infant" and "Toddler" due to proposed changes to ARM 37.80.102. The department proposes to revise the following definitions and remove language found in rule: "Child Care," "Graduated Eligibility," "Education Program, "Part-time Child Care," "Out-of-State Rate," "Slot," "Combination Full/Part Time Child Care," "Authorization of Service," and "Overpayment."
The department proposes to align the manual with ARM Title 37, chapter 95. The department proposes to remove the following definitions: "Child Care Center," "Family Child Care Home," "Group Child Care Home," and "Regular Basis" because the definitions are in chapter 95. The department proposes to remove "Certified Provider," "Legally Certified Provider (LCP)," "Legally Certified Provider In-Home Provider (LCI)," and "In Home Relative Care." The department proposes to revise the following definitions: "Child Care Resource & Referral Agency," "Appropriate Child Care," "Application Date," and "Provider."
The department proposes to align definitions with Policy Section 2-2a. The department proposes to remove the following definitions: "Good Cause Not to Cooperate" with "Child Support Enforcement" and "In-compliance with Child Support" because the definitions are in the policy section. The department proposes to add "Child Support" because child support compliance is a requirement of the Best Beginning Child Care Scholarship (BBCCS). The department proposes to revise "Absent Parent" and "Parent Living Apart" for clarification. The department proposes to remove "Non-eligible parent" because any parent may apply for the BBCCS.
The department proposes to align definitions with Policy Section 1-11. The department proposes to remove the following definitions: "Administrative Review," "Fair Hearing," and "Request for a Fair Hearing" because the definitions are outlined in the policy section. The department proposes to revise "Adverse Action" to clarify "reasonable promptness" which is defined in Policy Section 2-1.
The department proposes to clarify Policy Section 2-3. The department proposes to revise "Attending (a Job Training or Educational Program)" with other proposed changes to the Policy Section 2-3. The department proposes to revise the following definitions: "Teen Parent," "Work-Study," and "Grace Period" because "work" is changed to "activity" in Policy Section 2-3. The department proposes to remove "Severe Disability" and replace it with "Individual with a Disability." In the definition "Individual with a Disability," language regarding the medical professionals who can verify a condition will be updated and expanded. The department proposes to revise "Job Training" and "Child Care Scholarship" following changes in the TANF policy manual. The department proposes to remove "Activity Requirement" because it refers to a term used in Policy Section 2-3 for a basic requirement of the Non-TANF program.
The department proposes to remove the following definitions from the manual: "Fill-the-Gap," "Medical Emergency," "Suspending a Scholarship," "Required Household Member," "Child Protective Services," and "Common Law Marriage" because these terms are referenced in other proposed changes. The department proposes to revise "Scholarship Reimbursement Rates" in Policy Section 1-4 to clarify the location of this information.
The department proposes to remove "Improper Payment" because it is a federally used term, and payment corrections are included in Policy Section 6-9.
Policy Section 1-4: Scholarship Rates
The department proposes revisions to clarify language in Policy Section 1-4. A child care provider must notify the Child Care Resource and Referral (CCR&R) agency when the child care provider chooses to change their provider type. The provider type may change the payment rates. The department proposes to remove the headings on "Infant Care" and "Out of State Rates" to be consistent with proposed payment rates in ARM 37.80.205 including child age increments and one statewide rate, which also includes out of state child care providers.
Policy Section 1-4a: Special Needs
The department proposes revisions to align with the current process for the special needs subsidy (subsidy). One-time expenses will no longer be allowed. Currently, all children on the subsidy receive an additional reimbursement amount for child care services. The process is the same for any child on the BBCCS. The documentation and approval period has been simplified. A 12-month eligibility for subsidy aligns with the family's 12-month eligibility period.
Policy Section 1-5: Child Care Sliding Fee Scale
The department proposes to remove redundant information already on the sliding fee scale document, which is available on the ECSB website.
Policy Section 1-6: Child Care Sliding Fee Scale
The department proposes to remove the address for USCIS, remove procedure about types of documentation that may be used for Montana residency, and align the child's age section with the definition of "child care" in ARM 37.80.102. The department proposes to clarify when a child's provider cannot be part of the household.
Policy Section 1-7: Parent Eligibility
The department proposes to revise the heading "General Rule" to clarify what requirements are needed when a parent applies for the Best Beginnings Child Care Scholarship (BBCCS). Each program type has a section in Policy Section 1-6. The department proposes to remove language about extreme cases because it is in ARM 37.80.201(1)(h).
The department proposes to remove "See Section 2 for Details" within the heading "Non-TANF Parent Overview See Section 2 for Details." This heading is only an overview. Income level and minimum work and/or school requirements for all non-TANF parents are also listed in Policy Section 2-3.
The department proposes to remove "See Section 3-1 for Details" within the heading, "Temporary Assistance for Needy Families (TANF) Cash Assistance Parents Overview See Section 3-1 for Details" to align with the TANF Policy manual. The department proposes to revise the heading, "Tribal TANF Parents Overview See Section 3-2 for Details" to clarify how Tribal TANF works for parents. A list of tribal communities has been removed because it may not be current.
The department proposes to revise the heading, "Child Protective Services (CPS) Child Care Eligibility Overview" to "Child and Family Services Division (CFSD) Child Care." Language regarding internal business processes was removed.
The department proposes to remove the headings "Supplemental Nutritional Assistance Program (SNAP) Employment & Training Program" and "Other Child Care Options." These are two options on how child care could be covered if a family was not eligible for the BBCCS. Regional CCR&R agencies can refer families to other community resources.
Policy Section 1-8: Provider Eligibility
The department proposes to clarify the definition of an eligible child care provider and what rules apply to them. The department will use the federal definition of relative under "eligible care provider" from the Child Care and Development Block Grant Act of 2014. The department proposes to remove the heading, "Providers Shall Maintain Their License, Registration or Payment Number" because the content does not match the subtitle. Maintaining a license or registration is addressed in the heading "Providers Losing Their Status Shall Notify Parents."
The department proposes to remove language regarding changing an address and simplify language regarding approval by the Child Care Licensing program (CCLP) for an out-of-jurisdiction child care provider. The department proposes to align the heading "Providers Shall Allow Access to Facility and Records" with proposed changes to Policy Section 6-8.
The department proposes to remove the headings "Providers Shall Bill for Actual Attendance within Limits of the Child Care Certification Plan" and "Providers Shall Submit Invoices within 60 days" because the information is in Policy Section 6-7 as "Actual Daily Attendance Supported by Sign in/Sign out Records" and "Timely Invoices". The department proposes to remove language regarding internal business processes.
Policy Section 1-9: Confidentiality
The department proposes to remove the heading "HIPAA" because the content has been added under "General Rule." The department proposes to clarify when a CCR&R agency is responsible for its own legal counsel. The department proposes to remove the heading "Agency Personnel" because it is outside the scope of the BBCCS. The department proposes to remove procedural language from the heading "Contractors." The department proposes to add a requirement that a CCR&R agency notify ECSB when a request about a case is made by law enforcement. The department proposes to revise "Release to Others" to clarify when an authorization to release information must be approved by department legal counsel.
Policy Section 1-10: Timely Notices and Termination
The department proposes to remove "Termination for Parents" because reasons for termination are listed in ARM 37.80.501. The department proposes to remove "Termination for Providers" because the terminated case is the responsibility of the parent, not a child care provider. The department proposes to remove "Providers Shall Allow Access to Facility and Records" because it is in Policy Section 1-8. The department proposes to revise language to show a parent and provider receive a notice if a parent does not re-determine their case.
Policy Section 1-11: Fair Hearing Process
The department proposes to remove the 15 calendar day notice for provider termination because the CCLP monitors all child care provider types. The department proposes to remove "Adverse Actions" because it is defined in Policy Section 1-3.
The department proposes to clarify what is required on a complete application. The application is available online on the ECSB website and at all CCR&R agency locations. The department proposes to remove "CCR&R Business Process" and "Eligibility End Date" because both are included in procedure. The department proposes to clarify the eligibility begin date and remove procedure about processing an application.
The department proposes to remove references to "Legally Certified Providers" because it has been replaced by the term "Family, Friend, and Neighbor" and to allow parents additional options in submitting paperwork. A parent can provide documentation on enrolled credits and receipt of fees paid or a Training Verification Form to verify attendance in school or training. A parent can provide a Child Care Service Plan or the same information in writing.
The department proposes to revise language regarding a waiting list because current language may not reflect accurate implementation. Priorities are listed in ARM 37.80.201.
The department proposes to remove language about stop gap subsidy. This may be a resource available in some communities and a regional CCR&R agency will refer families to other community resources. The department proposes to remove special needs language because this information is covered in Policy Section 1-4a.
Policy Section 2-2: Household Requirements
The department proposes to revise language to align with other proposed Child Care Policy manual sections. The department proposes to remove language about a waiting list, common law marriage, and where to find the sliding fee scale.
The department proposes to remove references to visitation schedule documentation and the requirement to report when a child leaves a child care during an extended break such as during the summer to align with ARM 37.80.203, and remove procedural language.
The department proposes to add an exemption for the residency requirement until the family establishes a permanent address. This may be necessary as a family is experiencing homelessness.
Policy Section 2-2a: Child Support
The department proposes to clarify when a child is added to a household and when a change in open child support may be needed. The department proposes to remove references to what Child Support Enforcement Division (CSED) services are offered. The department proposes to clarify when an out of state child support case is not sufficient and when a case is required to be opened in Montana where it relates to eligibility of the BBCCS.
The department proposes to add a deceased parent as an exception to the child support compliance requirement. The department proposes to revise the length of time for a parent to meet the child support compliance requirement when the parent is going through a separation or divorce. The current practice does not give the parent time to proceed with legal actions.
The department proposes to remove language about determinations made by CSED because it is procedure. The department proposes to remove "Child Support as Unearned Income" because household income determination is in Policy Section 2-4. It is not current practice for CCR&R agency staff to inform CSED if a parent is approved for good cause. The department proposes to clarify when a parenting plan is necessary and increase the extension available when a parent is working on establishing a parenting plan.
Policy Section 2-3: Non-TANF Activity Requirements
The department proposes to revise the verification process when a parent is working for a child care facility. The department proposes a parent to submit a Work Verification Form to verify employment. This process is the same for any parent verifying work status. At annual re-determination, the parent must meet the approved caregiver requirements established by the CCLP.
The department proposes to remove the process for determining an initial partial month of employment because it is procedure. The department proposes to remove the word "Severe" from the heading "Parent with a Severe Disability." The department proposes to revise language regarding attending school while employed and distance learning to align with ARM 37.80.201. The department proposes to remove "satisfactory progress" because it is not an indicator for completing a school activity requirement, and post-secondary education above a bachelor's degree is addressed in ARM 37.80.201. The department proposes to remove the exceptions to the work requirement for Non-TANF parents because it is procedure. The department proposes to remove language that authorized hours must mirror the approved child’s activities as well as remove language regarding respite care. The department proposes to remove "Family Loses Eligibility" because the policy section is not accurate. A family cannot lose eligibility during an authorization plan.
Policy Section 2-4: Household Income
The department proposes to remove procedure regarding case noting and to update the website information for the federal minimum wage. The department proposes to remove any references to TEAMS because this is an old database no longer used. Income is not determined a different way based on if you are a teen parent. The department proposes to clarify how child support is calculated as unearned income.
Policy Section 2-4a: Household Income – Self-Employment
The department proposes to clarify what types of documentation and business records are allowed when determining self-employment. Records from a bookkeeper or accountant are acceptable if not employed by the applicant.
Policy Section 2-5: Prospective Income
The department proposes to remove calculating income on a semi-monthly 13-week calculation basis because income can be calculated using semi-monthly (paid twice per month) or biweekly formulas. The department proposes to remove the required use of pay stubs. It would be at the parent's request to use for determining income eligibility.
Policy Section 2-6: Income Evaluation Table
The department proposes to add clarification regarding "Guardianship Income and Support Services," "Inheritance – Lump Sum," and "Inheritance – Recurring Payment." The department proposes to clarify "Per Diem" by explaining why it is not included as countable income and "Income Disregards – Child Support Paid Out-of-Home" by clarifying when the income a parent is paying toward child support can be deducted from the household income.
Policy Section 2-7: Redetermination
The department proposes to remove language about TANF and CPS cases because this section only applies to Non-TANF families. The forms are the same at initial application and annual re-determination. For this reason, the application forms align with Policy Section 2-1. The department proposes to remove language regarding the use of pay stubs rather than the work verification form, following Policy Section 2-4.
Policy Section 3-1: OPA, Pathways, CCR&R Coordination
The department proposes to revise this policy section to align with the TANF policy manual. The Child Care Under the Big Sky (CCUBS) computer database sends out an eligibility renewal reminder 45 days from the end of the eligibility period. The ECSB has coordinated with TANF to align policies and utilize resources efficiently such as these notifications out of CCUBS.
Policy Section 3-2: Tribal TANF Coordination
The department proposes to revise this policy section to align with the TANF policy manual. The Child Care Under the Big Sky (CCUBS) computer database sends out eligibility renewal reminders 45 days from the end of the eligibility period.
Policy Section 3-3: Working Caretaker Relative Child Care
The department proposes to revise this full policy section to align with the TANF policy manual. The ECSB has coordinated with TANF to align policies and utilize resources efficiently.
Policy Section 4-1: CFSD & CCR&R Coordination
The department proposes to revise this policy section for clarity. CFSD refers children to the BBCCS for child care assistance. CFSD determines the eligibility period, the child care provider, and if a child should be referred. For example, the child may be a foster child or have refugee status. The department proposed to remove language regarding internal business processes.
Policy Section 4-2: Tribal IV-E and CFSD Child Care Referral Services
The department proposes to revise the full policy section for clarity. CFSD refers children to the Best Beginning Child Care Scholarship for child care assistance. CFSD decides on the eligibility period, the child care provider, and if a child should be referred. Language about how a case is set up or how to complete a referral is procedure and has been removed.
Policy Section 6-1: Referrals
The department proposes to revise this full policy section for clarity. Child care referrals are available to any parent or an agency such as CFSD; thus it is not necessary to list possible referral programs. The department proposes to remove procedure about the Referral Specialist or CCR&R agency selecting referral options and number of providers on the referral list. Language regarding data entry is not necessary because it is an expectation that accurate information will be entered into the computer database system. Child care provider types in child care referrals will now include Family, Friend, and Neighbors (FFN). Provider update language has been clarified. Providers must submit an annual update to be eligible for child care referrals.
Policy Section 6-3: Issuing the Authorization of Services and Authorization Plan
The department proposes to remove redundant information within the Authorization Plan, which is listed in ARM 37.80.317, and the length of the Authorization Plan, which is listed in ARM 37.80.202. Procedure was removed in describing travel time, maximum time, and minimum time. A change in child care provider is covered in Policy Section 6-5 and is not needed in this policy section. Authorization plans cover temporary changes as defined by 45 CFR, 98.21(a) (2017); thus policies on extending an authorization plan, rehabilitation, respite care, split work shift, study time, and continuity of care are no longer needed.
Policy Section 6-4: Copayment Requirements
The department proposes to clarify language. A child care provider indicates if a copayment has been paid on an invoice, and the provider choses when to submit the invoice. Language has been removed about when the copayment must be paid because the exact day the copayment is paid is not required. A parent is notified if there is an unpaid copayment. This is listed in Policy Section 1-10 and does not need to be listed in this policy section.
Policy Section 6-5: Change Reporting
The department proposes to align with ARM 37.80.203. The number of required reported changes has decreased.
Policy Section 6-6: Absent Days and Continuity of Care
The department proposes to follow ARM 37.80.202. An authorization of services is for a twelve-month period and covers temporary changes. (45 CFR, 98.21(a)(2017)). The policies for suspending a case, fill-the-gap, jury duty, maternity leave, medical appointments, and medical emergency would all be covered under a temporary change. A grace period now covers the cessation of school or training. A policy reference to eligibility for TANF cash was removed. TANF cash policy is determined by the TANF program. Absent days will be available to licensed child care centers and registered family and home providers.
Policy Section 6-7: Invoice and Payment Processes
The department proposes to remove procedure on how to input data into the Child Care Under the Big Sky (CCUBS) computer database. Policy involving Legally Certified Providers (LCPs) has been removed because LCPs are no longer a child care provider type. A child care provider will be required to round up to the half hour instead of the quarter hour which will make it easier to report attendance for children. Unexplained absences have been revised to align with ARM 37.80.501. If five unexplained absences are reported to a Child Care Resource and Referral (CCR&R) agency, a case may be closed. Policy has been updated on when payments are made, how to report a problem with a payment, and how to submit a request for direct deposit.
Policy Section 6-8: Audits and Inquiries
The department proposes to rename the policy section from "Investigating and Auditing" to "Audits and Inquiries" because ECSB and CCR&R agency staff are not investigators. ECSB will direct a CCR&R agency on how to proceed with an audit.
Policy Section 6-9: Corrections & Overpayments
The department proposes to follow current practices in coordination with the Business and Financial Services Division (BFSD). Once an overpayment has been issued, BFSD determines how the overpayment will be pursued and tracked. The list of intentional program violations has been removed because ARM 37.80.506 lists intentional program violations.
Policy Section 7-1: STARS to Quality Program
The department proposes to revise this policy section to reflect current practices.
Policy Section 7-2: Career Development
The department proposes to align this policy section with training requirements in ARM Title 37, chapter 95. Language was added because incentives are available based on funding. Contact information for the early childhood project has been removed because it may change.
Policy Section 7-3a: Certified Infant Toddler Caregiver
The department proposes to clarify the training requirements for infant/toddler caregivers. Background information has been removed because the policy has been in place since 2011. Language on entering information in the Child Care Under the Big Sky (CCUBS) computer database has been removed because it is an internal business process.
Policy Section 7-3b: Preschool Teacher Certification
The department proposes to clarify the criteria necessary to qualify for certification. Procedure has been removed regarding instructor requirements. STARS to Quality requirements are listed. The preschool teacher certification is available to all child care providers.
Policy Section 7-3c: Certified Infant Toddler Caregiver Stipend
The department proposes to rename the policy section from "Certified Infant Toddler Caregiver Stipend Award" to "Certified Infant Toddler Course Completion Award." Language has been revised to clarify the application process and the criteria necessary to qualify for the stipend. Actual stipend amounts have been removed because these may change.
Policy Section 7-4a: Mini-Grants
The department proposes to clarify when a mini-grant may be used by a provider ending participation with STARS to Quality. Mini-grants are available if funding is available.
Policy Section 7-5a: Professional Development Incentive Awards
The department proposes to clarify the correct names for professional development incentive awards.
Policy Section 7-6: Provider Training
The department is proposing to align with training requirements in ARM Title 37, chapter 95.
ARM 37.80.102
The department proposes to add the following definitions: "preschool-age child," "infant/toddler," and "school-age child." These definitions will be used for payment purposes and align with ARM 37.95.623 for child-to-staff ratios and age ranges used by the Child Care Development Fund (CCDF) Act of 2014.
The department proposes to add definitions for "non-traditional hours of care" to clarify when a child may need care outside of normal business hours and therefore may need care provided in the child's home.
The department proposes to add "part-time child care" to clarify how it is different from "full-time child care."
The department proposes to add "preschool" to align with New Rule I. The age range in "preschool" follows a usual age range for child care settings.
ARM 37.80.201
The department proposes to add a household experiencing homelessness as a priority group if there were insufficient funds to provide benefits to all eligible households. The CCDF rules at 45 CFR 98.46(3) recognize a household experiencing homelessness as a priority group.
The department proposes to allow for a payment greater than the authorization plan on a case-by-case basis at the discretion of the ECSB.
ARM 37.80.205
The department proposes to revise payment rates based on information gathered from the 2016 Montana Child Care Market Rate Survey (survey). The survey was conducted by Montana State University for the department. The Child Care Development Fund (CCDF) Reauthorization Act of 2014 (Act) requires states to use survey information to set payment rates using results from the most recent market rate survey.
The department proposes to eliminate the current rate structure of fourteen rates and replace with one statewide rate because the survey recommends one statewide rate. A child care provider may see an increase or decrease from current child care subsidy payments. This will vary with each child care provider.
The department proposes three age increments: infant/toddler, preschool-age child, and school-age. Definitions are proposed in ARM 37.80.102. The age increment for infant/toddler expands the current age range for infant rates from newborn to 23 months to birth through the end of the 35th month. By expanding the age range for infant/toddlers, an increase in access and affordability for infant care is sought, a requirement from the Act and follow the administration of Children and Families' Caring for Our Children best practices.
The department proposes to reimburse all child care provider types listed in ARM 37.80.101. The department is proposing to pay a rate based on a full-time day and part-time day because the CCDF rules require payments be made on a full-time or part-time basis and do not allow for any increment of an hour or smaller for payment. The department is proposing that a part-time day is fewer than six hours of child care and a full-time day is more than six hours and less than 12.
The department proposes to revise payment calculations for payments over twelve hours. This is intended to simplify calculating an additional payment. Most payments for child care services are for fewer than twelve hours per day.
The department proposes to add a registration fee as required by the CCDF rules. The department proposes to cover a registration fee not to exceed $30. It must be the same amount charged to private pay families. This will only be paid once per child at a child care provider and only if the provider charges a registration fee.
ARM 37.80.206
The department proposes to clarify which child care providers are eligible for absent days. Legally certified provider is no longer a child care provider type. When it was a provider type, those providers were not paid for absent days. Family, Friend, and Neighbors and relative care providers are new child care provider types that replaced legally certified providers. The department proposes these two new provider types are not eligible for absent days.
ARM 37.80.301
The department proposes to amend this rule to clarify that all registered and licensed child care facilities are approved by the Child Care Licensing Program of the department's Quality Assurance Division (QAD). These necessary, clarifying amendments are made in concert with amendments QAD made to certain Child Care Licensing Program administrative rules pursuant to MAR Notice No. 37-811, adopted February 10, 2018.
ARM 37.80.316
The department proposes to add language about the timeline for a provider to submit an invoice in a timely manner. The CCDF rules require that payments be made no later than 21 calendar days from receipt of a complete invoice for services.
ARM 37.80.501
The department proposes to clarify when child care assistance can be terminated. If a parent is no longer in compliance with the Child Support Enforcement Division, it does not affect eligibility on child care subsidy until the next annual re-determination. Also, if a child care provider is not meeting licensing standards, the parent's case would not be terminated but the department will not pay the child care provider the child care subsidy. The parent would have to choose an eligible child care provider or privately pay for child care services. A case is no longer terminated if a parent is not meeting an activity requirement. The parent is given a grace period; however, if at the end of the grace period, the parent is not meeting an activity requirement, a case would be terminated.
ARM 37.80.502
The department proposes to revise language about when a parent or provider is not eligible for child care assistance. When a parent or provider has an overpayment issued, the overpayment can be paid in one payment or in payments as an account with the Business and Financial Services Division (BFSD). The department proposes that a parent or provider must be current in their payment account with BFSD.
FISCAL IMPACT
The department expects the proposed rules will not have a fiscal impact to the state; all proposed rules will fall within the current budget of the Best Beginnings Child Care Scholarship (BBCCS) program.
The BBCCS program offers child care assistance for families with parents attending school and/or working under the Non-TANF program, families referred by Temporary Assistance for Needy Families (TANF), and children from Child Protective Services (CPS). As of August 2017, 3,186 children from Non-TANF families, 661 children referred by TANF, 109 children referred by the Working Caretaker Relative program, 21 children referred by Tribal IV-E, and 1,021 children referred by CPS were receiving child care assistance. There was a total of 4,998 unduplicated children.
As of August 2017, there were 260 licensed child care centers, 240 registered family providers, 413 registered group providers, and 237 legally certified providers. Child care providers may be small businesses. The department proposes revisions to child care provider rates and payment practices. The impact on an individual small business will be based on the number of children with child care assistance served by the child care provider and the rates the program charges. Also, the department proposes to pay registration fees for a child receiving child care assistance and only if the provider charges a registration fee. This is a benefit to child care providers and families with children receiving child care assistance.
6. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Todd Olson, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail [email protected], and must be received no later than 5:00 p.m., May 11, 2018.
7. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.
8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 6 above or may be made by completing a request form at any rules hearing held by the department.
9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption and amendment of the above-referenced rules will significantly and directly impact small businesses.
/s/ Geralyn Driscoll /s/ Sheila Hogan Geralyn Driscoll Sheila Hogan, Director Rule Reviewer Public Health and Human Services
Certified to the Secretary of State April 3, 2018. |
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