DAR File No. 41171
This rule was published in the February 1, 2017, issue (Vol. 2017, No. 3) of the Utah State Bulletin.
Workforce Services, Employment Development
Provider Rights and Responsibilities
Notice of Proposed Rule
DAR File No.: 41171
Filed: 01/12/2017 05:55:47 PM
Purpose of the rule or reason for the change:
The purpose of this amendment is to clarify the timeline for submitting necessary documentation.
Summary of the rule or change:
Because the Department pays child care providers directly, the Department must report the income on a 1099. To do that, the Department needs the provider's tax identification number. Some providers fail to provide the number in a timely fashion. This would end subsidies if the tax number is not provided. The proposed amendment also allows the Department to contract out audits of providers.
Statutory or constitutional authorization for this rule:
- Subsection 35A-1-104(4)
- Subsection 35A-3-310(3)
- 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 applies to federally-funded programs, so there are no costs or savings to local governments.
There will be no costs to small businesses to comply with these changes because this is a federally-funded program.
persons other than small businesses, businesses, or local governmental entities:
There will be no costs to persons other than small businesses, businesses, or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes.
Compliance costs for affected persons:
There are no compliance costs for this change to anyone, including persons affected by this change because this is a federally-funded program.
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.
Jon Pierpont, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Workforce Services
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 firstname.lastname@example.org
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:
This rule may become effective on:
Jon Pierpont, Executive Director
R986. Workforce Services, Employment Development.
R986-700. Child Care Assistance.
R986-700-706. Provider Rights and Responsibilities.
(1) Providers assume the responsibility to collect copayments and any other fees for child care services rendered. Neither the Department nor the state of Utah assumes responsibility for payment to providers.
(2) A provider may not charge clients receiving a CC subsidy a higher rate than their customers who do not receive a CC subsidy.
(3) Providers may retain the full monthly subsidy payment so long as at least eight hours of care were provided by the 15th of the month. The subsidy payment is to support an eligible client's monthly employment and training activities and allows for temporary absences and unforeseen circumstances. Having a child only attend one day per month or sporadically to receive a child care payment is a misuse of funds and will result in an overpayment and possible child care disqualification. Additionally, the subsidy payment is intended to be used to cover the provider's business expenses during the month for reserving the slot(s) and shall not be used to cover the client's out of pocket expenses, copayments, or carried forward for future months of service. Providers who choose not to apply the funds as required will be subject to an overpayment and possible child care disqualification.
(4) Providers must keep accurate records of subsidized child care payments, and time and attendance. The Department has the right to investigate child care providers and audit their records. Time and attendance records for all subsidized clients must be kept for at least three years.
(5) Providers must provide initial verification information to determine eligibility. Providers must also cooperate with an investigation or audit to determine ongoing eligibility or if eligibility was correctly determined. Cooperation includes providing information and verification and returning telephone calls or responding to emails from Department employees or other persons authorized by the Department to obtain information such as an employee of ORS in a timely manner. "A timely manner" is usually considered to be ten business days for written documentation and two business days to return a phone call or email request. Providing incomplete or incorrect information will be treated the same as a failure to provide information if the incorrect or insufficient information results in an improper decision with regard to the eligibility. Failure to disclose a material fact that might affect the eligibility determination can also lead to criminal prosecution. If a provider fails to cooperate with an investigation or audit, provide any and all information or verification requested, or fails to keep records for one year without good cause, the provider will no longer be an approved provider. Good cause is limited to circumstances where the provider can show that the reasons for the delay in filing were due to circumstances beyond the provider's control or were compelling and reasonable. The period the provider will not be an approved provider will be from the date the information or verification was due until when it is received by the Department.
(6) If a provider accepts payment from funds provided by the Department for services which were not provided, the provider is responsible for repayment of the resulting overpayment and there may be a disqualification period and/or criminal prosecution.
(7) CCL will keep a list of all providers that have been disqualified as a provider or against whom a referral or complaint is received.
(8) All providers, except FFN providers as defined in R986-700-705(1)(b)(ii), are required to report their monthly, full-time child care rates to the local Care About Child Care agency. All providers must also report the rate for each individual child to the Department if the amount is less than the rate reported to Care About Child Care. Failure to report reduced rates may result in an overpayment.
(9) Providers are required to access the Provider Portal at jobs.utah.gov/childcare and:
(a) submit and manage bank account information;
(b) read and agree to the terms and conditions contained in the Provider Guide and in the Portal;
(c) view child care payment information;
(d) manage Provider Portal user access to ensure only those users with authority to make changes can do so. The provider is liable for all changes made and information provided through the Provider Portal;
(e) report the following changes within 10 days, or by the 25th of the month, whichever is sooner:
(i) a reduced or part-time rate for an individual child in care, as applicable. This includes reporting any rate changes or updates that occur for each child once a rate has been submitted in the portal;
(ii) a child is no longer in child care;
(iii) a child was not in child care during that month;
(iv) that the provider received a greater subsidy payment amount than what was charged to the client for the month of service. Excess subsidy funds cannot be used to cover outstanding balances, copayments, or future services. The provider should notify the Department and the difference will either be deducted from the next month's subsidy payment or the funds must be returned to the Department;
(v) that a child attended for less than eight hours by the 15th of the month, payment for the month was received and the child is not expected to return; or
(vi) a change in financial institution account information for direct deposit.
(10) Providers must submit a W-9 Form,
e] Identification Number
or Social Security Number via the DWS Provider Portal,
if required by the Department, and a 1099 will be issued annually.
(11) A provider who provides services for any part of a month and then terminates services with the client/child during the month, must reimburse the Department for the days when care was not provided. However, if it was necessary to remove the child from care because the child or others were endangered, and the incident was reported to CCL or local authorities, the Department may waive repayment.
KEY: child care
Date of Enactment or Last Substantive Amendment: [
October 1, 2016]
Notice of Continuation: September 3, 2015
Authorizing, and Implemented or Interpreted Law: 35A-3-310; 53A-1b-110
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2017/b20170201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact 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@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.