New Mexico Register / Volume XXXIV, Issue 9 / May 16, 2023
NOTICE
OF RULEMAKING AND PUBLIC RULE HEARING
The New Mexico Early
Childhood Education and Care Department (ECECD) 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 rule regarding SOCIAL SERVICES CHILD CARE
ASSISTANCE REQUIREMENTS FOR CHILD CARE ASSISTANCE PROGRAMS FOR CLIENT AND CHILD
CARE PROVIDERS as authorized by Subsection (E) of Section 9-29-6 NMSA 1978.
8.9.3 NMAC - CHILD CARE ASSISTANCE REQUIREMENTS FOR
CHILD CARE ASSISTANCE PROGRAMS FOR CLIENTS AND CHILD CARE PROVIDERS
8.9.3.6 NMAC OBJECTIVES
8.9.3.7 NMAC DEFINITIONS
8.9.3.11
NMAC ELIGIBILITY REQUIREMENTS
8.9.3.12
NMAC RECERTIFICATION
8.9.3.13
NMAC CLIENT RESPONSIBILITIES
8.9.3.15
NMAC PROVIDER REQUIREMENTS
8.9.3.17
NMAC PAYMENT FOR SERVICES
8.9.3.21
NMAC SANCTIONS
8.9.3.24
NMAC CO-PAYMENT SCHEDULE
No technical
scientific information was consulted in drafting these proposed rules.
Purpose of proposed rules: The purpose of the rulemaking is to promulgate
amendments to 8.9.3 NMAC. In summary, the proposed rules will update necessary
changes for the provision of child care assistance
services in New Mexico as well as make changes required by the federal Child
Care Development Fund (CCDF) grant. The Child Care and Development Block Grant
(CCDBG) Act is the law (along with Section 418 of the Social Security Act) that
authorizes the federal child care subsidy program
known as CCDF. CCDF requires that states receiving such federal funds must
establish a sliding fee scale that provides for cost-sharing by families
receiving these child care services. The proposed
amendments also include a rate increase for child care
providers participating in ECECD’s Child Care Assistance program.
A summary of the
proposed amendments is attached to this notice. As part of the amendment process,
ECECD will hold a public rule hearing for the proposed amendments on June 22,
2023, from 9:00 a.m. to 11:00 a.m.
Copies of the proposed amended
rules may also be found at ECECD’s website at Regulation Changes | Early Childhood Education and Care Department
(nmececd.org)/ 30
days prior to the Public Hearing.
Notice of public rule hearing: The public rule hearing will be held on June 22, 2023, from 9:00 a.m. to 11:00 a.m. for proposed
amendments to 8.9.3 NMAC. The hearing will be held in Apodaca Hall of
the PERA Building located at 1120 Paseo de Peralta, Santa Fe, New Mexico 87502
and via virtual web platform (Zoom), email, and telephonic means. The public hearing will be conducted in a
fair and equitable manner by an ECECD agency representative or hearing officer
and shall be recorded. Any interested
member of the public may attend the hearing and will be provided with 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 ECECD at ECECD-ECS-PublicComment@ECECD.NM.Gov
or call (505)231-5820. ECECD 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 be submitted via email to ECECD-ECS-PublicComment@ECECD.NM.Gov
with the subject line “8.9.3 Public Comment” or via first class mail to P.O.
Drawer 5619, Santa Fe, New Mexico 87502 – 5619.
Written comments may be delivered to the Old PERA building at 1120 Paseo
De Peralta on June 22, 2023, from 9:00 a.m. to 11:00 a.m. The deadline to
submit comments is at the end of the public hearing on June 22, 2023.
Any interested
member of the public may attend the hearing in person, or via the virtual web
platform or telephone, and offer public comments on the proposed rule during
the hearing. To access the hearing by
telephone: place call 1-669-444-9171,
access code 86234950863#. You will be
able to hear the full hearing and your telephone comments will be
recorded. To access the hearing via the
internet: please go to https://nmececdorg.zoom.us/s/86234950863,
and follow the instructions indicated on the screen – Meeting ID (access code):
86234950863. This will be a live stream of the hearing. You may also provide comment
via chat during the live streaming.
Summary of
Proposed Amendments to 8.9.3 NMAC:
8.9.3.6 NMAC
OBJECTIVES
ECECD’s proposed
amendment to this section includes updating the date that the child care assistance rate increases becomes effective,
which will be August 1, 2023, if the proposed rate increases are adopted
following public comment and hearing.
8.9.3.7 NMAC
DEFINITIONS
ECECD’s proposed
amendments to this section include changing the word “co-payment” to
“copayment” for stylistic and conformity purposes. This section also includes
new proposed definitions for “federal poverty level” and “tribal per capita
payments.”
8.9.3.11 NMAC
ELIGIBILITY REQUIREMENTS
ECECD’s proposed
amendments to this section include changing the word “co-payment” to
“copayment” for stylistic and conformity purposes. ECECD also proposes adding
“tribal per capita payments” to the list of the categories of exempt income.
8.9.3.12 NMAC
RECERTIFICATION
ECECD’s proposed
amendments to this section include changing the word “co-payment” to
“copayment” for stylistic and conformity purposes.
8.9.3.13 NMAC
CLIENT RESPONSIBILITIES
ECECD proposes
amendments to this section of the regulation to substantively change how ECECD
calculates and charges copayments to child care
assistance clients. ECECD’s proposed amendments to this section also include
changing the word “co-payment” to “copayment” for stylistic and conformity
purposes. It also includes required copayments for families based on the first
two children receiving child care assistance, but
waives copayments for any additional children. ECECD is proposing to add a new
chart to this section to clarify how copayments are calculated based on the
Federal Poverty Level and the family’s income. This formula is used to create
the actual copayment each family must pay based on income and the number of
children, which is published on ECECD’s website. In addition, ECECD is adding
language requiring that it give families and providers three months’ notice
prior to reinstating copayments if ECECD waives copayments again in the future.
8.9.3.15 NMAC
PROVIDER REQUIREMENTS
ECECD’s proposed
amendments to this section include changing the word “co-payment” to
“copayment” for stylistic and conformity purposes. This section also includes a
new change to the fees that child care providers are
allowed to pass onto client or family. ECECD proposes
to now prohibit child care providers from charging
child care assistance families applicable gross receipts taxes (GRT), whereas
these providers are currently allowed to pass on such costs to the families.
The new proposed rate increases for child care providers
set forth in 8.9.3.17 NMAC, however, include expenses for the payment of GRT. Child care providers are now required to pay applicable GRT
out of the child care assistance payments they receive.
8.9.3.17 NMAC PAYMENT
FOR SERVICES
ECECD proposes
amending this section by adding additional language about when the department
may close placements or discontinue payments in order make the requirements in
this section consistent with those found in 8.9.3.15(D) NMAC. Language is also
being inserted clarifying that ECECD will require documentation to verify when
such payments should be discontinued. ECECD also proposes amending this section
to increase child care provider rates based on the
cost estimation model. The proposed
increase in child care assistance rates was formulated
using the cost estimation model to (1) address increased inflation and (2)
hopefully ensure a $15.00 hourly minimum wage for all child care employees.
8.9.3.21 NMAC
SANCTIONS
ECECD’s proposed amendments
to this section include changing the word “co-payment” to “copayment” for
stylistic and conformity purposes.
8.9.3.24 NMAC
CO-PAYMENT SCHEDULE
ECECD’s proposed
amendments to this section include changing the word “co-payment” to
“copayment” for stylistic and conformity purposes.