New Mexico Register / Volume XXX, Issue 18 / September 24, 2019
This is an amendment to 8.15.2 NMAC
Sections 7, 9, 12, 13, 15, and 17, effective October 1, 2019.
8.15.2.7 DEFINITIONS:
A. “Attending a job
training or educational program” means actively participating in a job training
or educational program.
B. “At-risk child care” means a program for families at-risk of
child protective services involvement as determined by the department.
C. “CACFP”
means the child and adult care food program, administered by the children,
youth and families department.
D. “Child
with a disability or special needs” means a child with an identified
disability, health, or mental health conditions requiring early intervention,
special education services, or other specialized services and supports; or
children without identified conditions, but requiring specialized services,
supports, or monitoring.
E. “Child support
enforcement division” means the child support enforcement program administered
by New Mexico’s human services department, which collects child support from
non-custodial parents.
F. “Closure” means the child care case is closed.
G. “Co-payment”
means the portion of the approved and agreed upon monthly child care cost for
clients receiving child care assistance that the client is required to pay to
the child care provider. The
department’s payment to the provider is reduced by the co-payment amount.
H. “Department”
means the New Mexico children, youth and families department (CYFD).
I. “Earned income”
means income received as wages from employment or as profit from
self-employment.
J. “Homeless children and youth” means individuals who lack a fixed,
regular, and adequate nighttime residence, which includes:
(1) Children
and youth who are temporarily sharing the housing of other persons due to loss
of housing, economic hardship, or a similar reason; are living in motels,
hotels, trailer parks (excludes mobile homes), or camping ground due to the
lack of alternative adequate accommodations; are living in emergency or
transitional shelters; are abandoned in hospitals; or are awaiting foster care
placement;
(2) children
and youth who have a primary nighttime residence that is a public or private
place not designed for or ordinarily used as a regular sleeping accommodation
for human beings;
(3) children
and youth who are living in cars, parks, public spaces, abandoned buildings,
substandard housing, bus or train stations, or similar settings; and
(4) migratory
children who qualify as homeless for the purposes of this subtitle because the
children are living in circumstances described in Paragraphs (1) through (3) of
this subsection.
K. “Incidental
money” means earnings of a minor child for occasional work performed such as
baby-sitting, cutting lawns, and other similar activities.
L. “Infant,
toddler, preschool, school age” means the age categories used for assigning
child care provider reimbursement rates, defined as follows:
(1) infant:
zero - 23 months;
(2) toddler:
24 -35 months;
(3) preschool:
three to five year olds; and
(4) school
age: six year olds and older.
M. “Job training and
educational program” means participation in a short or long term educational or
training program which provides specific job skills which allow the participant
to enter the workforce and directly relates to enhancing job skills, including
but not limited to the acquisition of a general equivalency diploma (GED),
English as a second language, literacy training, vocational education training,
secondary education including adult basic education and accredited high school
programs, and post-secondary institutions.
N. “National
accreditation status” means the achievement and maintenance of accreditation
status by an accrediting body that has been approved by CYFD. CYFD determines the program criteria and
standards to evaluate and approve accrediting bodies.
(1) The
following are the only national accrediting bodies that are approved by CYFD:
(a) the
association of Christian schools international (ACSI);
(b) the
council on accreditation (COA) for early childhood education and after school
programs;
(c) the
international Christian accrediting association (ICAA);
(d) the
national accreditation commission for early care and education programs (NAC);
(e) the
national association for the education of young children (NAEYC) academy for
early childhood program accreditation;
(f) the
national association of family child care (NAFCC); or
(g) the
national early childhood program accreditation (NECPA).
(2) Effective
July 15, 2014 accrediting bodies that have been previously approved by CYFD
that are not on the above list will no longer be CYFD approved national
accrediting bodies.
O. “Non-temporary change in activity” means the
family has experienced a change in activity that does not meet the definition
of a “temporary change in activity” as defined in Section CC below.
P. “Non-traditional
hours of care” means care provided between the afterhours of 7:00 p.m. and 7:00
a.m. Monday through Friday or care provided during weekend hours between 12:00
a.m. Saturday morning and 12:00 a.m. Monday morning.
Q. “Open case”
means a case that has not been closed as a result of a failure to recertify, or
that has not been closed due to becoming otherwise ineligible for child care
assistance benefits.
R. “Overpayment”
means a payment of child care assistance benefits received by a client or
provider for which they are ineligible based on incomplete or inaccurate
information provided by either the client or the provider, or agency error.
S. “Child
Protective services (CPS) child
care” means child care services for children placed in the custody of the child
protective services of the department.
T. “Provider types”
means the characteristics of child care providers, which determine their
approved reimbursement rate, capacity, staffing levels etc. as follows:
(1) “In-home”
care means care provided in the child’s own home.
(2) “Registered
home” means child care provided in the home of a provider who is registered with the department to care for up to
four children. All registered homes receiving child care assistance subsidies
must be enrolled and participate in the child and adult care food program
(CACFP), unless they are exempt.
(3) “Licensed
family child care home” means child care provided in the home of a provider who
is licensed by the department to care for up to six children.
(4) “Licensed
group child care home” means child care provided in the home of a provider who
is licensed by the department to care for up to 12 children.
(5) “Licensed
center” means child care provided in a non-residential setting, which is
licensed by the department to provide such care.
(6) “Out-of-school
time care” means child care provided to a kindergartner or school age child up
to age 13 immediately before or immediately after a regularly scheduled school
day or when regular school is not in session.
U. “Recertification”
means the process by which a client’s eligibility to continue to receive child
care assistance benefits are determined.
V. “Registration/educational
fee” means a fee charged to private pay and families receiving child care
assistance for materials and supplies.
W. “SNAP” means the
supplemental nutrition assistance program administered by the U.S. department
of agriculture, which helps low-income families purchase healthy food. SNAP was previously referred to as food
stamps employment and training program.
X. “Star level”
means a license indicating the level of quality of an early childhood
program. A greater number of stars
indicates a higher level of quality.
Y. “Suspension”
means that the child care case remains eligible, but benefits are not paid to
the provider.
Z. “TANF” means the
temporary assistance to needy families program administered by the U.S.
department of health and human services.
TANF is the successor to the aid to families with dependent children
(AFDC) program and provides cash assistance to qualified low-income families
with dependent children.
AA. “Teen parent” means
a biological parent under the age of 20 who is attending high school, working
towards a general equivalency diploma (GED) or attending any other job skills
training or educational programs directly related to enhancing employment
opportunities.
BB. “Termination” means the child care case will
be closed due to cause.
CC. “Temporary change of activity” means one of the following
events that does not exceed three months:
(1) limited absence from work for employed parents for periods
of family leave (including parental leave) or sick leave;
(2) interruption in work for a seasonal worker who is not
working between regular industry work seasons;
(3) student holiday or break for a parent participating in
training or education;
(4) reduction in work, training or education hours, as long as
the parent is still working or attending training or education; and
(5) cessation of work or attendance at a training or education
program less than 90 days.
DD. “Underpayment”
means a payment made by the department for services provided which did not
fully reimburse the client or provider.
EE. “Unearned income”
means income in the form of benefits such as TANF, workmen’s compensation,
social security, supplemental security income; child support, pensions,
contributions, gifts, loans, and grants which does not meet the definition of
earned income.
[FF. “Waiting
list” means a list of families who have applied for child care services during
a period of lack of funding.]
[GG.] FF.
“Working” means employment of any type, including self-employment. For TANF recipients, this includes work
experience or community service or any other activity that meets the TANF work
activity requirements.
[8.15.2.7 NMAC
- Rp, 8.15.2.7 NMAC 10/1/16, A, 02/01/17, A, 10/01/19]
8.15.2.9 PRIORITIES FOR ASSISTANCE:
Any funds received by the department under the child care development
fund and other sources are expended for child care assistance pursuant to the
following priorities:
A. Priority
one: Clients receiving temporary
assistance to needy families (TANF) benefits are considered priority one
clients.
(1) Participation
exemption: The human services department
grants participation exemptions to TANF clients who cannot locate child
care. The children, youth and families
department is responsible for the verification of the TANF participant’s
inability to locate child care. Reasons
for a participation exemption due to lack of child care are as follows:
(a) the
unavailability of appropriate child care within a reasonable distance from the
individual’s home or work site;
(b) the
unavailability or unsuitability of informal child care by a relative or under
other arrangements; or
(c) the
unavailability of appropriate and affordable formal child care by a relative or
under other arrangements.
(2) A
person who applies for participation exemption for any or all of the above
reasons is referred to the children, youth & families department child care
resource and referral. The child care
resource and referral assists
the client with location of child care.
The final validation/verification of a client’s inability to locate
child care is determined by the child care services bureau supervisor in
conjunction with his/her supervisor. A
client who receives a participation exemption due to lack of child care is
required to re-apply for the exemption every six months. If a person disagrees with the determination
of their eligibility for a participation exemption, they may apply for a fair
hearing with the human services department (HSD). HSD is responsible for
providing notice of the approval or denial of a participation exemption.
B. Priority one A: [RESERVED]
C. Priority one B:
Child care assistance for income eligible families whose income is at or below
one hundred percent of the federal poverty level, adjusted annually in
accordance with federal guidelines. [If
the number of eligible clients in this priority exceeds budget availability,
the department may maintain a waiting list.] The department prioritizes child care services
within priority one B for children with special needs, disabilities,
homeless families, and for teen parents.
[If budget availability permits, the department reserves the right to
transfer priority one B families whose income exceeds one hundred percent of
the federal poverty level but is at or below two hundred percent of the federal
poverty level to the priority four category.]
D. Priority two:
Families transitioning off TANF. Clients
must have received TANF for at least one month in the past 12 months in order
to qualify for priority two. Only clients whose TANF cases are closed at least
in part due to increased earnings or loss of earned income deductions or
disregards are eligible for priority two. Priority two clients do not have to
meet income eligibility requirements during their 12 consecutive month period
of eligibility for priority two child care.
E. Priority three: [RESERVED]
F. Priority four:
Child care assistance for families whose income is above one hundred percent of
the federal poverty level but at or below two hundred percent of the
federal poverty level, adjusted annually in accordance with federal
guidelines. These families are certified
for a 12 month block of time [subject to the availability of funds and
renewable subject to the availability of funds] and will remain eligible
at or below two hundred fifty percent of the federal poverty level. Exceptions to the 12 month certification
period are included in 8.15.2.11 NMAC. [The
department reserves the right to expand the eligibility requirement up to two
hundred percent of the federal poverty level based on budget availability.
Families in any priority may be transferred to priority four if budget availability
permits. If the number of eligible
clients in this priority exceeds budget availability, the department may
maintain a waiting list.] The department prioritizes child care services
within priority four for children with special needs, disabilities, [teen
parents and homeless families] homeless families, and for teen parents.
G. Child protective
services (CPS) child care: The department pays for CPS child care as determined by the protective
services of the department. Income
requirements and copayments are waived for clients in this priority.
H. At-risk child care: In
addition to these priorities, the department pays for at-risk protective
services child care as approved by the department. Child care benefits are provided for a
minimum of six months to support the family.
Income requirements and copayments are waived for clients in this
priority.
[8.15.2.9 NMAC
- Rp, 8.15.2.9 NMAC, 10/1/16, A, 10/01/19]
8.15.2.12 RECERTIFICATION: Clients must
recertify for services at the end of their eligibility period by complying with
all requirements of initial certification.
Clients who recertify will qualify at or below two hundred fifty
percent of the federal poverty level.
If recertification is not completed in a timely manner, the case may be
closed on the last day of the month for which assistance is provided under the
previous placement agreement. At time of
recertification, clients must provide proof of income, or proof of school
enrollment. Changes in income, household
size, employment, training or educational status are noted in the client’s
record. Co-payment, if applicable, is
re-determined at the time of recertification.
[8.15.2.12
NMAC - Rp, 8.15.2.12 NMAC, 10/1/16, A, 10/01/19]
8.15.2.13 CLIENT RESPONSIBILITIES:
Clients must abide by the regulations set forth by the department and
utilize child care assistance benefits only while they are working, attending
school or participating in a training or educational program.
A. Co-payments: Co-payments are paid by all clients receiving
child care assistance benefits, except for CPS child care, at-risk child care,
and qualified grandparents or legal guardians as defined in Paragraph (2) of Subsection C of 8.15.2.11 NMAC. [Co-payments are based upon the size and
income of the household.] Co-payments
are determined by income and household size.
The co-payment schedule is published yearly at https://cyfd.org/child-care-services.
B. [Co-payments
for each additional child are determined at one half of the co-payment for the
previous child.] Co-payments
described in Subsection A of 8.15.2.13 NMAC, are used for determining the base
co-payment for the first eligible child.
The formula for calculating the co-payment for the first full time child
is (low end of the monthly income bracket on the co-payment schedule ÷ 200 percent of annual federal poverty level
for household size) X (low end of the monthly income bracket on the copayment
schedule) X 1.1 = monthly copayment for first full time child. Base co-payments for each additional child
are determined at one half of the co-payment for the previous child.
(1) The
first child is identified as the child requiring the most hours of child care.
(2) Each
additional child will be ranked based on the most number of hours needed for
child care to the least number of hours needed for child care.
C. [Co-payments
for children in part-time care are determined based upon the block of time that
the child is in care.] Each
child’s co-payment will be adjusted based on the units of services described in
Subsection E of 8.15.2.17 NMAC, as follows:
(1) full
time care will be based on one hundred percent of the base co-payment;
(2) part
time 1 care will be based on seventy-five percent of the base co-payment;
(3) part
time 2 care will be based on fifty percent of the base co-payment; and
(4) part
time 3 care will be based on twenty-five percent of the base co-payment.
D. Clients pay
co-payments directly to their child care provider and must remain current in
their payments. A client who does not
pay co-payments may be subject to sanctions.
E. The co-payment
for a child shall not exceed the monthly provider reimbursement rate. If this
situation arises, the co-payment may be reduced in the amount by which it
exceeds the monthly provider reimbursement rate.
F. In-home
providers: Parents who choose to use an
in-home provider become the employer of the child care provider and must comply
with all federal and state requirements related to employers, such as the
payment of all federal and state employment taxes and the provision of wage
information. Any parent who chooses to
employ an in-home provider releases and holds the department harmless from any
and all actions resulting from their status as an employer. Payments for in-home provider care are made
directly to the parent.
G. Notification of
changes: Clients must notify the
department of changes that affect the need for care, which include but are not
limited to any non-temporary change in activity, or household members moving in
or out, within five business days of the change. Clients who do not comply with this
requirement may be sanctioned.
H. Required
application with New Mexico human services department’s child support
enforcement division (CSED):
(1) When
one or both of the child’s parents are absent from the home, the client shall
apply for child support though CSED within 12 months of initial application with the child care assistance
program.
(2) The
following exceptions include but are not limited to: the client is receiving
TANF; the client is already receiving child support; the client is receiving
financial support, including but not limited to housing, clothing, food,
transportation and funds, from the non-resident parent; there is a joint
custody agreement and neither parent is ordered to pay support; parental rights
have been terminated; the parent is a foster parent to the child; the
parent is an adoptive parent and
provides proof of a single parent adoption; at-risk child care; a parent is
temporarily out of the home and is still considered part of the household; the
client is a teen parent; the client is a grandparent; guardian; parent is
deceased or when good cause
exists.
(3) Good
cause for refusal to apply may be granted when such application is not in the
best interest of the child or parent, including but not limited to the
following circumstances:
(a) there
is possible physical or emotional harm to the child, parent or guardian;
(b) the
child was conceived as a result of incest or rape;
(c) legal
proceedings for adoption of the child are pending before a court; or
(d) the
client is currently being assisted by a public or licensed private social
agency to resolve the issue of whether to keep the child or relinquish the
child for adoption.
(4) The
applicant or recipient who makes a claim for good cause shall supply written
documentation to establish the claim.
The caseworker shall not deny, delay, or discontinue subsidized child
care benefits pending a determination of good cause if the applicant or
recipient has complied with the requirements to furnish information.
(5) If
the client is not exempted from applying with CSED and has not applied within
the required timeframe, the client’s case will be closed.
[8.15.2.13
NMAC - Rp, 8.15.2.13 NMAC, 10/1/16, A, 10/01/19]
8.15.2.15 PROVIDER REQUIREMENTS:
Child care providers must abide
by all department regulations. Child
care provided for recreational or other purposes, or at times other than those
outlined in the child care agreement, are paid for by the client.
A. All child care
providers who receive child care assistance reimbursements are required to be
licensed or registered by the department and meet and maintain compliance with
the appropriate licensing and registration regulations in order to receive
payment for child care services.
Beginning July 1, 2012, child care programs holding a 1-star license are
not eligible for child care assistance subsidies. The department honors
properly issued military child care licenses to providers located on military
bases and tribal child care licenses properly issued to providers located on
tribal lands.
B. Child care
providers collect required co-payments from clients and provide child care
according to the terms outlined in the child care agreement.
C. Child care
providers must notify the department within three business days after the fifth
day of non-attendance if the child is disenrolled or is absent for five
consecutive scheduled days. Providers
who do not comply with this requirement are sanctioned and may be subject to
recoupment or disallowance of payments as provided by Subsection G of 8.15.2.11
NMAC.
D. Child care
providers accept the rate the department pays for child care and are not
allowed to charge families receiving child care assistance above the department
rate for the hours listed on the placement agreement. Failure to comply with this requirement may
result in sanctions or suspension of the child care assistance agreement.
(1) [In
situations where an incidental cost may occur such as field trips, special
lunches or other similar situations, the child care provider is allowed to
charge the child care assistance family the additional cost, provided the cost
does not exceed that charged to private pay families.] Providers are not allowed to charge
clients a registration/educational fee for any child who is receiving child
care assistance benefits as listed under 8.15.2 NMAC. The department shall pay a five dollar
monthly, not to exceed sixty dollars per year, registration/educational fee per
child in full time care, on behalf of department clients under 8.15.2
NMAC. Adjustments to the five dollar
registration/educational fee will be made based on units of care.
(2) [Providers
may charge a registration/educational fee to a child care assistance family
comparable to but not to exceed that charged to private pay families. The registration/educational fee shall be
charged no more than once every six months and shall be limited to materials
and supplies. If the department
determines that the provider is charging fees that are unreasonable and pose an
undue burden to child care assistance families, the department may suspend the
child care assistance contract.] In
situations where an incidental cost may occur such as field trips, special
lunches or other similar situations, the child care provider is allowed to
charge the child care assistance family the additional cost, provided the cost
does not exceed that charged to private pay families.
(3) Child
care providers are allowed to charge child care assistance families the
applicable gross receipts tax for the sum of the child care assistance benefit
and co-payment.
E. Under emergency
circumstances, when CYFD has reason to believe that the health, safety or
welfare of a child is at risk, the department may immediately suspend or
terminate assistance payments to a licensed or registered provider. The
child care resource and referral will assists clients with choosing another
CYFD approved provider.
F. Providers who
are found to have engaged in fraud relating to any state or federal programs,
or who have pending charges for or convictions of any criminal charge related
to financial practices will not be eligible to participate in the subsidy
program.
[8.15.2.15
NMAC - Rp, 8.15.2.15 NMAC, 10/1/16, A, 10/01/19]
8.15.2.17 PAYMENT FOR SERVICES:
The department pays child care providers on a monthly basis, according
to standard practice for the child care industry. Payment is based upon the child’s enrollment
with the provider as reflected in the child care placement agreement, rather
than daily attendance. As a result, most
placements reflect a month of service provision and are paid on this
basis. However, placements may be closed
at any time during the month. The following describes circumstances when
placements may be closed and payment discontinued at a time other than the end
of the month:
A. When the child
care placement agreement expires during the month, or when the provider
requests that the client change providers or the provider discontinues
services; payment will be made through the last day that care is provided.
B. Upon a change of
provider the client and former provider have three days after the fifth day of
nonattendance to notify the department. If this requirement for notification
was met, the provider will be paid through the 14th day following the first
date of nonattendance. If notification requirement is not met, the provider
will be paid through the last date of attendance. The agreement with the new
provider shall become effective when payment to the previous provider ceases.
If the client notifies the department of the change in providers fewer than 14
days before the change will take place or after the change has taken place, the
client is responsible for payment to the new provider beginning on the start
date at the new provider and continuing up until the final date of payment to
the former provider, as described above.
Payment to the former provider will be made through the last day that
care is provided if the child is withdrawn from the provider because the
health, safety or welfare of the child is at risk, as determined by a
substantiated complaint against the child care facility.
C. The
department shall pay a five dollar monthly, not to exceed sixty dollars per
year, registration/educational fee per child in full time care, on behalf of
department clients under 8.15.2 NMAC. Adjustments to the five dollar
registration/educational fee will be made based on units of care. The registration/educational fee will
discontinue when a placement closes as a result of a client changing providers,
a provider discontinuing services, a child care placement agreement expiring,
or a provider’s license being suspended or expiring.
[C.] D. The amount of the payment is based upon the
age of the child and average
number of hours per week needed per child during the certification period. The number of hours of care needed is
determined with the parent at the time of certification and is reflected in the
provider agreement. Providers are paid
according to the units of service needed which are reflected in the child care
agreement covering the certification period.
[D.] E. The department pays for care based upon the
following units of service:
|
Full time |
Part time 1 |
Part time 2
(only for split custody or in cases where a child may have two providers) |
Part time 3 |
|
Care
provided for an average of 30 or more hours per week per month |
Care
provided for an average of 8-29 hours
per week per month |
Care
provided for an average of [ |
Care
provided for an average of 7 or less hours per week per month |
|
Pay at 100%
of full time rate |
Pay at 75 %
of full time rate |
Pay at 50 %
of full time rate |
Pay at 25%
of full time rate |
[E.] F. Hours of care shall be rounded to the
nearest whole number.
[F.] G. Monthly reimbursement rates:
|
Licensed
child care centers |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$720.64 |
$589.55 |
$490.61 |
$436.27 |
|
Licensed
group homes (capacity: 7-12) |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$586.07 |
$487.11 |
$427.13 |
$422.74 |
|
Licensed
family homes (capacity: 6 or less) |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$566.98 |
$463.50 |
$411.62 |
$406.83 |
|
Registered
homes and in-home child care |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$289.89 |
$274.56 |
$251.68 |
$251.68 |
[G.] H. The department pays a differential rate
according to the license or registration status of the provider, national
accreditation status of the provider if applicable, and star level status of
the provider if applicable.
[H.] I. Providers holding and maintaining CYFD approved
national accreditation status will receive the differential rate listed in
Subsection I. below, per child per month for full time care above the base rate
for type of child care (licensed center, group home or family home) and age of
child. All providers who maintain CYFD
approved national accreditation status will be paid at the accredited rates for
the appropriate age group and type of care.
In order to continue at this accredited reimbursement rate, a provider
holding national accreditation status must meet and maintain licensing
standards and maintain national accreditation status without a lapse. If a provider holding national accreditation
status fails to maintain these requirements, this will result in the provider
reimbursement reverting to a lower level of reimbursement.
(1) Providers
who receive national accreditation on or before December 31, 2014 from an
accrediting body that is no longer approved by CYFD will no longer have
national accreditation status, but will remain eligible to receive an
additional $150 per child per month for full time care above the base rate for
type of child care (licensed center, group home or family home) and age of
child until December 31, 2017.
(a) In
order to continue at this reimbursement rate until December 31, 2017 a provider
holding accreditation from accrediting bodies no longer approved by CYFD must
maintain licensing standards and maintain accreditation without a lapse.
(b) If
the provider fails to maintain their accreditation, the provider reimbursement
will revert to the base reimbursement rate unless they have achieved a FOCUS
star level or regain national accreditation status approved by CYFD.
(2) The
licensee shall notify the licensing authority within 48 hours of any adverse
action by the national accreditation body against the licensee’s national
accreditation status, including but not limited to expiration, suspension,
termination, revocation, denial, nonrenewal, lapse or other action that could
affect its national accreditation status. All providers are required to notify
the department immediately when a change in accreditation status occurs.
[I.] J. The department will pay a differential
rate per child per month for full time care above the base reimbursement rate
to providers achieving higher Star levels by meeting FOCUS essential elements
of quality as follows:
|
2+ Star
FOCUS Child Care Centers, Licensed
Family and Group Homes |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$88.00 |
$88.00 |
$88.00 |
$88.00 |
||
|
3 Star FOCUS
Child Care Centers, Licensed
Family and Group Homes |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$100.00 |
$100.00 |
$100.00 |
$100.00 |
||
|
4 Star FOCUS Licensed Family and
Group Homes |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$180.00 |
$180.00 |
$180.00 |
$180.00 |
||
|
5 Star FOCUS or CYFD approved national
accreditation Licensed Family and Group Homes |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$250.00 |
$250.00 |
$250.00 |
$250.00 |
||
|
4 Star FOCUS Child Care Centers |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$280.00 |
$280.00 |
$250.00 |
$180.00 |
||
|
5 Star FOCUS
or CYFD approved national accreditation Child Care Centers |
|||||
|
Infant |
Toddler |
Pre-school |
School-age |
||
|
$550.00 |
$550.00 |
$350.00 |
$250.00 |
||
[J.] K. In order to continue at the FOCUS
reimbursement rates, a provider must meet and maintain the most recent FOCUS
eligibility requirements and star level criteria. If the provider fails to meet the FOCUS
eligibility requirements and star level criteria the provider reimbursement
will revert to the FOCUS criteria level demonstrated.
[K.] L. Differential rates determined by achieving
higher star levels determined by AIM HIGH essential elements of quality will be
discontinued effective December 31, 2017.
The department will pay a differential rate to providers achieving
higher star levels determined by the AIM HIGH essential elements of quality
until December 31, 2017 as follows:
3-Star at $88.00 per month per child for full time care above the base
reimbursement rate; 4-Star at $122.50 per month per child for full time care
above the base reimbursement rate, and 5-Star at $150.00 per child per month
for full time care above the base reimbursement rate. In order to continue at these reimbursement
rates, a provider must maintain and meet most recent AIM HIGH star criteria and
basic licensing requirements. If the provider fails to meet the requirements,
this will result in the provider reimbursement reverting to the base
reimbursement rate.
[L.] M. The department pays a differential rate
equivalent to five percent, ten percent or fifteen percent of the applicable
full-time/part-time rate to providers who provide care during non-traditional
hours. Non-traditional care will be paid according to the following charts:
|
|
1-10 hrs/wk |
11-20 hrs/wk |
21 or more hrs/wk |
|
After hours |
5% |
10% |
15% |
|
|
1-10 hrs/wk |
11-20 hrs/wk |
21 or more hrs/wk |
|
Weekend
hours |
5% |
10% |
15% |
[M.] N. If a significant change occurs in the
client’s circumstances, (see Subsection G of 8.15.2.13 NMAC) the child care
placement agreement may be modified and the rate of payment is adjusted. The department monitors attendance and
reviews the placement at the end of the certification period when the child is
re-certified.
[N.] O. The department may conduct provider or
parent audits to assess that the approved service units are consistent with
usage. Providers found to be defrauding
the department are sanctioned. Providers
must provide all relevant information requested by the department during an
audit.
[O.] P. Payments are made to the provider for the
period covered in the placement agreement or based on the availability of
funds.
[8.15.2.17 NMAC - Rp, 8.15.2.17
NMAC, 10/1/16, A, 10/01/19]