Workforce Services, Employment Development

Section R986-700-714

CC Payment Method

Notice of Proposed Rule

(Amendment)

DAR File No.: 33295
Filed: 12/30/2009 02:59:19 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to eliminate emergency payments which are not supported by our new vendor.

Summary of the rule or change:

The Department makes payments to some child care providers through an EBT card. The Division has recently switched vendors for that card. The new vendor does not support the emergency $125 payment. This emergency payment began when the Department went to two party checks for child care to avoid delay in getting payments to a child care provider. Since more payments are now issued on the EBT card, the emergency provision is no longer needed and used very infrequently.

State statutory or constitutional authorization for this rule:

• Subsection 35A-1-104(4)
• Section 35A-1-104

Anticipated cost or savings to:

the state budget:

This applies to federally-funded programs so there are no costs or savings to the state budget. This is also a revenue neutral amendment. It will not save or cost anything.

local governments:

This applies to federally-funded programs so there are no costs or savings to any local government. This is also a revenue neutral amendment.

small businesses:

There will be no costs to small businesses to comply with these changes because this is a federally-funded program. There will be no costs of any persons to comply with these changes because there are no costs or fees associated with these proposed changes.

persons other than small businesses, businesses, or local governmental entities:

There are no compliance costs associated with these changes for any persons because this is a federally-funded program and there are no fees or costs associated with this proposed change.

Compliance costs for affected persons:

There are no compliance costs associated with this proposed amendment as it is revenue neutral.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.

Kristen Cox, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/15/2010

This rule may become effective on:

02/22/2010

Authorized by:

Kristen Cox, Executive Director

R986. Workforce Services, Employment Development.

R986-700. Child Care Assistance.

R986-700-714. CC Payment Method.

(1) CC payments to parents will be generated monthly by a two-party check issued in the parent's name and the chosen provider's name, except as noted in paragraph (2) below. The check is mailed to the client.[ In the event of an emergency, a payment up to a maximum of $125 can be made on the Horizon card. Emergency payments can only be made where a parent is in danger of not being able to obtain necessary child care if the parent is required to wait until the two party check can be issued.]

(2) CC payments will be made by electronic benefit transfer (EBT) either through a point of sale (POS) machine or interactive voice recording (IVR) system to authorized provider types as determined by the Department. The provider may elect which option of EBT to use. The provider must sign an agreement with the Department's contractor in order to be eligible to receive CC payments. If the provider elects to use the POS method of payment, the provider must lease a POS machine at the provider's own expense.

(3) In the event that a check is reported as lost or stolen, both the parent and the provider are required to sign a statement that they have not received funds from the original check before a replacement check can be issued. The check must be reported as lost or stolen within 60 days of the date the check was mailed. The statement must be signed on an approved Department form and the signing witnessed, and in some cases notarized, at a local office of the Department. If the provider is unable to come into a Department office to sign the form, the form may be accepted if the signature is notarized. If the original check has been redeemed, a copy of the check will be reviewed and both the parent and provider must provide a sworn, notarized statement that the signature on the endorsed check is a forgery. The Department may require a waiting period prior to issuing a replacement check.

(4) The Department is authorized to stop payment on a CC check without prior notice to the client if:

(a) the Department has determined that the client was not eligible for the CC payment, the Department has confirmed with the child care provider that no services were provided for the month in question or the provider cannot be located, and the Department has made an attempt to contact the parent: or

(b) when the check has been outstanding for at least 90 days; or

(c) the check is lost or stolen.

(5) No stop payment will be issued by the Department without prior notice to the provider unless the provider is not providing services or cannot be contacted.

 

KEY: child care

Date of Enactment or Last Substantive Amendment: [July 2, 2008]2010

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-310