New Mexico Register / Volume XXX, Issue 10 / May 28, 2019
NOTICE OF
RULEMAKING AND PUBLIC RULE HEARING
The
New Mexico Children, Youth and Families Department hereby gives notice as required
under Section 14-4-5.2 NMSA 1978 and 1.24.25.11 NMAC that it proposes to adopt
amendments to the following rules regarding CHILD CARE ASSISTANCE as authorized
by Section 9-2A-7 NMSA 1978:
8.15.2.7
NMAC – DEFINITIONS
8.15.2.9
NMAC – PRIORITIES FOR ASSISTANCE
8.15.2.12
NMAC – RECERTIFICATION
8.15.2.13
NMAC – CLIENT RESPONSIBILITIES
8.15.2.15
NMAC – PROVIDER REQUIREMENTS
8.15.2.17
NMAC – PAYMENT FOR SERVICES
No
technical scientific information was consulted in drafting these proposed
rules.
Purpose
of proposed rules:
The purpose of the rules is to amend the eligibility levels for child care
assistance, to eliminate the waiting list for child care assistance, to provide
an explanation of the co-payment calculation and where to find the co-payment
schedule, to comply with federal regulation to pay for registration/educational
fees for children receiving child care assistance benefits on behalf of client,
and to address the overlap of care hours under payment for services.
Copies
of the proposed rules may be found at CYFD’s website at https://www.newmexicokids.org/
or may be obtained from 1120 Paseo De Peralta, Santa Fe, New Mexico, 30 days
prior to the Public Hearing.
Notice
of public rule hearing: The public rule hearing will held on Monday, July
8, 2019 at 11:00 a.m. in Apodaca Hall, 1120 Paseo de Peralta, Santa Fe, New Mexico 87502. The public hearing will be
conducted in a fair and equitable manner by a CYFD agency representative or hearing
officer and shall be recorded. Any interested member of the public may attend
the hearing and will be provided a reasonable opportunity to offer public
comment, either orally or in writing, including presentation of data, views, or
arguments, on the proposed rules during the hearing. Individuals with
disabilities who need any form of auxiliary aid to attend or participate in the
public hearing are asked to contact Debra Gonzales at debra.gonzales@state.nm.us.
CYFD will make every effort to accommodate all reasonable requests, but cannot
guarantee accommodation of a request that is not received at least ten calendar
days before the scheduled hearing.
Notice
of acceptance of written public comment: Written public comment, including
presentation of data, views, or arguments about the proposed rules, from any
interested member of the public, may also be submitted via email to CYFD-ECS-PublicComment@state.nm.us
with the subject line “8.15.2 NMAC Public Comment,” or via first class mail to,
or by hand delivery to Kimberly Brown, Child Care Services Bureau, Children,
Youth and Families Department, P.O. Drawer 5160, Santa Fe, New Mexico
87502-5160. The comment period ends at the conclusion of the public hearing on
July 8, 2019.
AVISO DE CREACIÓN DE LEYES Y AUDIENCIA PARA REGLAS
PÚBLICAS
El Departamento de Niños, Jóvenes y Familias de Nuevo
México por este medio da aviso como se requiere en la Sección 14-4-5.2 NMSA 1978 y 1.24.25.11 de la Ley
Estatal NMAC que propone adoptar enmiendas a las siguientes reglas relativas
a ASISTENCIA DE CUIDADO INFANTIL según
lo autorizado por la sección 9-2A-7 NMSA
1978:
8.15.2.7 NMAC – DEFINICIONES
8.15.2.9 NMAC – PRIORIDADES PARA ASISTENCIA
8.15.2.12 NMAC – RE-CERTIFICACIÓN
8.15.2.13 NMAC – RESPONSABILIDADES DEL CLIENTE
8.15.2.15 NMAC – REQUISITOS DEL PROVEEDOR
8.15.2.17 NMAC – PAGOS POR SERVICIOS
No se consultó información científica técnica para
redactar las reglas propuestas.
Propósito de las Leyes Propuestas: El propósito de las reglas es enmendar los niveles de elegibilidad
para la asistencia de cuidado infantil, para eliminar la lista de espera para
la asistencia de cuidado infantil, para proporcionar una explicación del
cálculo de copago y dónde encontrar el cronograma de copago, para cumplir con
la regulación federal para pagar las cuotas de inscripción / educación para los
niños que reciben beneficios de asistencia de cuidado de niños en nombre del
cliente, y abordar la superposición de Horario de atención bajo pago por
servicios.
Las copias de las reglas propuestas se pueden
encontrar en el sitio web de CYFD: https://www.newmexicokids.org/ o se pueden
obtener en 1120 Paseo De Peralta, Santa Fe, New Mexico,
30 días antes de la Audiencia Pública.
Aviso de la Audiencia Pública: La audiencia de norma pública se llevará a cabo el lunes 8 de julio de
2019 a las 11:00 a.m. en Apodaca Hall, 1120 Paseo de Peralta, Santa Fe, Nuevo
México 87502. La audiencia pública se llevará a cabo de manera justa y
equitativa por un representante de la agencia de CYFD o el funcionario de
audiencias y se registrar. Cualquier miembro del público interesado puede
asistir a la audiencia y se le brindará una oportunidad razonable para ofrecer
comentarios del público, ya sea oralmente o por escrito, incluida la presentación
de datos, opiniones o argumentos, sobre las reglas propuestas durante la
audiencia. Las personas con discapacidades que necesiten cualquier forma de
ayuda auxiliar para asistir o participar en la audiencia pública deben
comunicarse con Debra Gonzales at
debra.gonzales@state.nm.us. CYFD hará todos los esfuerzos posibles para
satisfacer todas las solicitudes razonables, pero no puede garantizar la
adaptación de una solicitud que no se reciba al menos diez días calendario antes
de la audiencia programada.
Aviso de aceptación de comentario público escrito: Los comentarios públicos escritos, incluyendo la
presentación de datos, opiniones o argumentos sobre las reglas propuestas, de
cualquier miembro del público interesado, también pueden enviarse por correo
electrónico a: CYFD-ECS-PublicComment@state.nm.us, especificando Asunto: “8.15.2 NMAC Public Comment,” o por correo de primera clase o entrega en
persona a: Kimberly Brown, Child Care
Services Bureau, Children, Youth and Families Department, P.O. Drawer 5160,
Santa Fe, New Mexico 87502-5160. El período de
comentarios finaliza al concluir la audiencia pública el 8 de julio de 2019.
Proposed Rules/Reglas Propuestas
8.15.2.7 DEFINITIONS:
***
[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.
8.15.2.9 PRIORITIES FOR ASSISTANCE:
***
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.]
***
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] one hundred sixty 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 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.
***
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 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.
8.15.2.13 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. 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.
***
8.15.2.15 PROVIDER REQUIREMENTS:
***
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.
***
8.15.2.17 PAYMENT FOR SERVICES:
***
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.