New Mexico Register / Volume XXXIV, Issue 13 / July 18, 2023
This is an amendment to 8.9.3 NMAC, Sections 6, 7, 11,
12, 13, 15, 17, 21, and 24, effective 8/1/2023.
8.9.3.6 OBJECTIVE:
A. To establish standards and procedures for the provision of child care assistance benefits to eligible clients and to establish the rights and responsibilities of child care providers who receive payment for providing child care services to clients receiving benefits. To establish minimum requirements for eligibility for program participation and for the provision of child care services to children whose families are receiving benefits and to allow children receiving these benefits access to quality child care settings that promote their physical, mental, emotional, and social development in a safe environment. To establish standards and procedures that promote equal access to services and prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, or age (40 or older).
B. To establish child
care assistance rates in accordance with the requirements of the Child
Care and Development Block Grant (CCDBG) and the Child Care Development Fund
(CCDF), which is the primary federal funding source of child care assistance to
enable parents to work or pursue education and training so that they may better
support their families while at the same time promoting the learning and development
of their children. The CCDBG requires
every state to submit an updated CCDF plan every three years. A key requirement of the CCDBG Act is that
lead agencies establish subsidy payment rates that ensure equal access to child care for children receiving child care
assistance. States have two options to
establish subsidy payment rates that ensure equal access: lead agencies must
collect and analyze data through either a statistically valid and reliable
market rate survey, or through an ACF pre-approved alternative methodology,
such as a cost estimation model. New
Mexico’s rates, as set forth herein, and effective [July 1, 2021] August
1, 2023, were informed by a cost estimation model and with extensive
statewide stakeholder engagement. This
new cost estimation model was developed in collaboration with fiscal experts
and local stakeholders to set subsidy rates at a level that supports the true
cost of delivering high quality early childhood education to New Mexico’s
children and families. The child care subsidy rates set forth herein are designed to
ensure equal access to child care for children on child care assistance and
ensure parental choice by offering a full range of child care services.
C. Permissive language such as "may or may be" when referring to actions taken by the department, address situations where it is not always prudent or practical to apply these actions. It is not meant to reduce the weight of these actions nor should the intent of the policies be circumvented due to this wording. This language is intended to be construed in a fiscally responsible and equitable manner, keeping in mind that consistency in application is the ultimate goal.
[8.9.3.6 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.7 DEFINITIONS:
A. Terms beginning with the letter “A”:
(1) “Attending a job training or educational program” means actively participating in an in-person or online job training or educational program.
(2) “At-risk child care” means a program for families at-risk as determined by the department.
B. Terms beginning with the letter
“B”: [RESERVED]
C. Terms beginning with the letter “C”:
(1) “CACFP” means the child and adult care food program, administered by the Early Childhood Education and Care Department.
(2) “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, under an individualized education plan (IEP) or an individualized family service plan (IFSP), or other specialized services and supports; or children without identified conditions, but requiring specialized services, supports, or monitoring.
(3) “Client” means the parent or legal guardian of the child that the department has determined is eligible for child care assistance benefits.
(4) “Closure” means the client’s child care case is closed with the department.
(5) “[Co-payment]”
“Copayment” 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] copayment amount.
D. Terms beginning with the letter “D”:
(1) “Demonstration of incapacity” means written documentation that an individual is unable to fulfill an eligibility requirement, such as work, school, or the ability to provide child care, and should otherwise be excluded, in whole or in part, from the determination of eligibility. Written documentation of incapacity includes, but is not limited to, the following: statements or letters on a physician’s/medical professional’s/treatment provider’s letterhead stationary; statements, records or letters from a federal government agency that issues or provides disability benefits; statements, records or letters from a state vocational rehabilitation agency counselor; records or letters from a treatment facility/counselor; certification from a private vocational rehabilitation or other counselor that issues or provides disability benefits.
(2) “Department” means the New Mexico Early Childhood Education and Care Department (“ECECD”).
E. Terms beginning with the letter “E”:
(1) “Earned income” means income received as gross wages from employment or as profit from self-employment.
(2) “Essential worker” means those who conduct a range of operations and services in industries that are essential to ensure the continuity of critical functions in the economy of our nation and state. During this period of economic recovery and subject to budgetary considerations, the presumption is that all workers are essential to the well being of the state’s economy.
F. Terms beginning with the letter
“F”:
(1) “Federal poverty level” means
a measure of income issued every year by the U.S.
Department of Health and Human Services (HHS) that is
used to determine eligibility for various programs and benefits, including New
Mexico’s Child Care Assistance Program.
(2) “Fluctuation of earnings” means a
family with inconsistent or variable income
Throughout the year. To calculate fluctuation of earning the department may:
[(1)] (a) average family earnings over a period of time (e.g., 12 months); or
[(2)] (b) choose to discount temporary
increases in income provided that a family demonstrates an isolated increase in
pay (e.g., short-term overtime pay, temporary increase to pay, etc.) and is not
indicative of a permanent increase in income.
G. Terms beginning with the letter
“G”: [RESERVED]
H. Terms beginning with the letter “H”:
(1) “Homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence, which includes:
(a) 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;
(b) 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;
(c) children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
(d) migratory children who qualify as homeless for the purposes of this subtitle because the children are living in circumstances described in Subparagraphs (a) through (c) of this Paragraph.
(2) “Household” means the household as defined below in Paragraph (1) of Subsection C of 8.9.3.11 NMAC.
(3) “Household income” means household income as defined below in Paragraph (3) of Subsection C of 8.9.3.11 NMAC.
I. Terms beginning with the letter “I”:
(1) “Incidental money” means earnings of a minor child for occasional work performed such as baby-sitting, cutting lawns, and other similar activities.
(2) “Infant, toddler, preschool, school age” means the age categories used for assigning child care provider reimbursement rates, defined as follows:
(a) infant: zero - 23 months;
(b) toddler: 24 -35 months;
(c) preschool: three to five year olds; and
(d) school age: six year olds and older.
J. Terms beginning with the letter “J”: “Job training and educational program” means participation in a short or long term educational or training program, including online programs that provide 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. Educational programs include graduate and post graduate programs or classes.
K. Terms beginning with the letter “K”: [RESERVED]
L. Terms beginning with the letter “L”: [RESERVED]
M. Terms beginning with the letter “M”: [RESERVED]
N. Terms beginning with the letter “N”:
(1) “National accreditation status” means the achievement and maintenance of accreditation status by an accrediting body that has been approved by ECECD. ECECD determines the program criteria and standards to evaluate and approve accrediting bodies.
(a) The following are the only national accrediting bodies that are approved by ECECD:
(i) the association of Christian schools international (ACSI);
(ii) the council on accreditation (COA) for early childhood education and after school programs;
(iii) the international Christian accrediting association (ICAA);
(iv) the national accreditation commission for early care and education programs (NAC);
(v) the national association for the education of young children (NAEYC) academy for early childhood program accreditation;
(vi) the national association of family child care (NAFCC); or
(vii) the national early childhood program accreditation (NECPA).
(b) Effective July 15, 2014 accrediting bodies that have been previously approved that are not on the above list will no longer be ECECD approved national accrediting bodies.
(2) “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 Paragraph (3) of Subsection T of 8.9.3.7 NMAC.
(3) “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.
O. Terms beginning with the letter “O”:
(1) “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.
(2) “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.
P. Terms beginning with the letter “P”: “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.
(7) “Family, friend, or neighbor (FFN)” means care provided temporarily in a home and only in the case of a public health emergency.
Q. Terms beginning with the letter “Q”: [RESERVED]
R. Terms beginning with the letter
“R”:
(1) “Recertification” means the process by which a client’s eligibility to continue to receive child care assistance benefits are determined.
(2) “Registration/educational fee” means a fee charged to private pay and families receiving child care assistance for materials and supplies.
S. Terms beginning with the letter “S”:
(1) “Sanctions” means a measure imposed by the department for a violation or violations of applicable regulations.
(2) “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.
(3) “Special supervision” means the special supervision for child(ren) as defined below in Subsection G of 8.9.3.11 NMAC.
(4) “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.
(5) “Suspension” means the voluntary cessation of child care benefits at the client’s request, during which the client remains eligible.
T. Terms beginning with the letter “T”:
(1) “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.
(2) “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.
(3) “Temporary change of activity” means one of the following events:
(a) limited absence from work for employed parents or legal guardians for periods of family leave (including parental leave) or sick leave;
(b) interruption in work for a seasonal worker who is not working between regular industry work seasons;
(c) student holiday or break for a parent or legal guardian participating in training or education;
(d) reduction in work, training or education hours, as long as the parent or legal guardian is still working or attending training or education; and
(e) cessation of work or attendance at a training or education program less than three months.
(4) “Termination” means the client’s child care case will be closed due to cause.
(5) “Tribal per capita payments” means cash distributions from tribal trust funds or casino
revenues to individual tribal members.
U. Terms beginning with the letter “U”:
(1) “Underpayment” means a payment made by the department for services provided which did not fully reimburse the client or provider.
V. Terms beginning with the letter “V”: [RESERVED]
W. Terms beginning with the letter “W”: “Working” means employment of any type, including self-employment and teleworking. For TANF recipients, this includes work experience or community service or any other activity that meets the TANF work activity requirements.
X. Terms beginning with the letter “X”: [RESERVED]
Y. Terms beginning with the letter “Y”: [RESERVED]
Z. Terms beginning with the letter “Z”: [RESERVED]
[8.9.3.7 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.11 ELIGIBILITY REQUIREMENTS: Clients are eligible for child care assistance benefits upon meeting the requirements for eligibility as determined by the department and federal regulation.
A. Child care staff will initiate communication at the initial determination of their eligibility period to provide outreach and consumer education with a case management approach and coordination of services to support families.
B. Eligibility period: Based upon
the client meeting all eligibility requirements, a 12-month certification
period will be granted.
(1) Eligibility
may be granted for less than 12 months at the parent or legal guardian’s
request. The parent or legal guardian
will, however, remain eligible for the approved 12-month eligibility period.
(2) At-risk child care may be granted for less than 12 months as determined by the department.
(3) Eligibility may be granted for up to
three months for seeking employment. The
eligibility may be closed if the client fails to obtain a qualifying activity
within three months. The department has
the discretion to extend the job search period.
(4) The
client will remain eligible if a temporary change of activity occurs.
(5) If
a client experiences a non-temporary change in activity, the child
care placement agreement may close; however, the client will remain
eligible for the approved 12-month eligibility period.
C. Income
eligibility determination:
(1) The household: The household includes biological parents, stepparents, legal guardians of the child(ren) for whom child care assistance is sought, and any legal dependents of the aforementioned, living in the household, thereby constituting an economic unit. Grandparents who are not legal guardians living in the household are counted as members of the household, but their earned and unearned income is excluded from the eligibility calculations. Periods of absences: A household member may be absent from the home and will be considered as living in the home and be counted in the household composition as long as the absent household member plans to return to the home. Any parent or legal guardian who remains in the home must be working, attending school, or participating in a job training or educational program. Temporary absence may include, but are not limited to, attending school, working, training, medical or other treatment, or military service.
(2) Legal
guardians who are not the parents of the child(ren) for whom child
care assistance is sought, are required to qualify for child care
assistance as per Paragraph (3) below and, upon qualification, have the required
[co-payment] copayment
waived.
(3) Household income: The household’s gross monthly or annual average countable earned and unearned income, taking into account any fluctuation(s) of earnings, and will always be calculated in favor of eligibility as paragraphs (7) and (8) of Subsection C of 8.9.3.11 NMAC. Household income does not include any earned and unearned income received by grandparents who are not legal guardians, and any legal dependents of the biological parents, stepparents, or legal guardians of the child(ren) for whom child care assistance is sought, living in the household.
(4) Family assets: A family’s assets may not exceed one million dollars.
(5) Countable
earned and unearned income: The following
sources of income are counted when computing a family’s eligibility for
assistance and for determining the [co-payment] copayment (if applicable): income from employment by working for others
or from self-employment; alimony payments; veterans administration (VA)
payments except VA payments that are specifically exempted in Paragraph (6) of
Subsection C of 8.9.3.11 NMAC; workman’s compensation; railroad retirement
benefits; pensions; royalties; income from rental property; social security
benefits except social security payments that are specifically exempted in
Paragraph (6) of Subsection C of 8.9.3.11 NMAC; overtime shall be counted at
ECECD’s discretion if ECECD determines that the applicant is paid overtime on a
regular basis.
(6) Exempt
income: The types of income not counted
when computing eligibility or [co-payments] copayments include but are not limited to: earnings of household dependents; earnings of
household grandparents who are not the legal guardians of the child(ren) for
whom child care assistance is sought; SNAP; TANF benefits, including diversion
payments; supplemental security income (SSI); social security disability
insurance (SSDI); social security benefits received by household children; any
VA payments made on behalf of the child(ren); VA benefits for educational
purposes or for disability; unemployment benefits; work study income; child
support payments; military food and housing allowances; an increase in military
salary or allowances due to “temporary national emergency status beginning
September 11, 2001”; third party payments; energy assistance benefits; foster
care payments; adoption subsidies; loans; child or adult nutrition programs;
income tax refunds; payments for educational purposes including graduate and
other educational stipends; compensation under the Domestic Volunteer Services
Act and the volunteers in service to America (VISTA) program or AmeriCorps;
Work Investment Act (WIA) payments made to dependent children; relocation
payments; department of vocational rehabilitation (DVR) training payments;
in-kind gifts; cash gifts; employer reimbursements; overtime, unless ECECD
determines that the applicant is paid overtime on a regular basis; payments
from special funds such as the agent orange settlement fund or radiation
exposure compensation settlement fund; lump sum payments such as those
resulting from insurance settlements and court judgments; Tribal per capita
payments; or other resources such as savings,
individual retirement accounts (IRAs), vehicles, certificates of deposits (CDs)
or checking accounts. In the case of an
emergency, or under extenuating circumstances, the department secretary may
disregard certain temporary income, such as federal stimulus payments or hazard
pay.
(7) Verification of household countable earned and unearned income: Clients applying for child care assistance benefits are required to verify household countable earned and unearned income by providing current documentation of income for biological parents, stepparents, and legal guardians of the child(ren) for whom child care assistance is sought, living in the household, who receive such income. A self-employed individual who does not show a profit that is equal to federal minimum wage times the amount of hours needed per week within 24 months from the start date of receiving child care assistance will be evaluated by the child care assistance supervisor, at which point services may be reduced or discontinued.
(8) Calculating income:
(a) Current income provided to determine eligibility shall be used as an indicator of the income that is and shall be available to the household during the certification period. Fluctuation(s) of earnings may be taken into account as specified in Paragraph (3) of Subsection C of 8.9.3.11 NMAC.
(b) Conversion factors: When income is received on a weekly, biweekly, or semimonthly basis, the income shall be converted to monthly amount as follows:
(i) Income received on a weekly basis is averaged and multiplied by four and three-tenths. Weekly income is defined as income received once per week.
(ii) Income received on a biweekly basis is averaged and multiplied by two and fifteen one-hundredths. Biweekly income is defined as income received once every two weeks. Income is received on the same day of the week each pay period, therefore receiving 26 payments per year.
(iii) Income received on a semimonthly basis is averaged and multiplied by two. Semimonthly income is defined as income received twice per month every month of the year. Income is received on specific dates of the month, therefore receiving 24 payments per year.
(iv) Income received on a monthly basis is averaged and multiplied by one. Monthly income is defined as income received once per month.
D. Residency requirement: An applicant of child care assistance and a child care provider must be a resident of the state of New Mexico. Proof of residency is required.
E. Citizenship and eligible immigration status: Any child receiving child care assistance must be a citizen or legal resident of the United States; or a qualified immigrant as defined by the United States department of health and human services, administration for children and families, office of child care.
F. Age requirement: Child care benefits are paid for children between the ages of six weeks up to the day in which the child turns 13 years old. Eligibility determinations made prior to a child turning 13 years old may be granted a 12-month eligibility period or a lesser period of time as determined by the department for at-risk child care.
G. Special supervision: Children between the ages of 13 and 18 who are under the supervision of a court of law, or who are determined by a medical or treatment professional to require supervision.
H. Work/education requirement: Child care benefits are paid only for families who are working, attending school or participating in a job training or educational program and who demonstrate a need for care during one or more of these activities. Clients who are receiving TANF are required to submit verification of the TANF approved activity unless they are exempt by TANF. The department may, in its discretion, exempt a client or applicant from the work/education requirement upon submission of a demonstration of incapacity.
I. Calculating Need for Care: The department determines the number of hours of care needed in consultation with the parent or legal guardian at the time of certification and approved hours are reflected in the child care placement agreement covering the certification period. The department determines the number of hours of care needed based on the qualifying activity of the parent or legal guardian and physical custody of the child, as applicable. Clients and caseworkers shall negotiate a reasonable amount of study and travel time, which is an individualized determination based on each client’s specific needs, during the application process and special attention shall be paid to the child’s specific needs. The department determines the number of hours of care needed based on a maximum weekly need and approved based on the units of service set forth below in Subsection E and F of 8.9.3.17 NMAC.
J. Children enrolled in head start, kindergarten, school or other programs: Child care benefits are not paid during the hours that children are attending head start, kindergarten, New Mexico pre-k, school or other programs, such as online or home-schooling. Child care benefits are paid during the hours that children are attending a dedicated Early Head Start-Child Care Partnerships Program funded by the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Child Care.
[8.9.3.11 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.12 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 and fifty
percent of the federal poverty level.
Clients above two hundred and fifty percent of the federal poverty level
must qualify as an essential worker as defined in Paragraph (2) of Subsection E
of 8.9.3.7 NMAC. Clients designated as
essential workers who recertify must be at or below four hundred and twenty-five
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 child care placement agreement. At time of recertification, clients must
provide documentation 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] Copayment, if applicable, is
re-determined at the time of recertification.
A 12-month certification period will be granted in accordance with
eligibility requirements outlined in Subsection B of 8.9.3.11 NMAC.
[8.9.3.12 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.13 CLIENT RESPONSIBILITIES: Clients must abide by the regulations set forth by the department and utilize child care assistance benefits only while they are working, seeking employment, attending school or participating in a training or educational program.
A. [Co-payments]
Copayments: [Co-payments] Copayments are paid by all clients
receiving child care assistance benefits, except for
at-risk child care and qualified grandparents or legal guardians. [Co-payments] Copayments are determined by income
and household size. The [co-payment]
copayment schedule is
published yearly at https://www.nmececd.org/child-care-assistance/. In the case of an emergency, or under
extenuating circumstances, the department secretary may waive copayments for
families receiving child care, during which period,
the department will pay providers the client’s approved rate, including
required copayments. If copayments
are waived, three months notice will be given to
providers and families prior to reinstatement.
B. [Co-payments] Copayments described in Subsection
A of 8.9.3.13 NMAC, are used for determining the base [co-payment] copayment for the first eligible
child. The formula for determining the [co-payment]
copayment amount based on
the [co-payment] copayment
schedule [for the first full time child is (low end of the monthly income
bracket on the co-payment schedule divided by 200 percent of annual federal
poverty level for household size) multiplied by (low end of the monthly income
bracket on the co-payment schedule) multiplied by 1.1 equals the monthly
copayment for first full time child] is the gross monthly household
income multiplied by the applicable percent of the federal poverty level
percentage (FPL) for family size (see, Subsection D of 8.9.3.13 NMAC), which
will equal the monthly copayment. [Base]
The base copayments for [each additional] the second
child in the family [are] is determined at one half of the
copayment for the previous child. If
there are more than two children in the household accessing child
care assistance, the copayment will be waived for any additional
children.
(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.] The second child is
identified as the child with the second most number of
hours needed for child care.
C. Each
child’s [co-payment] copayment
will be adjusted based on the units of services described in Subsection E of
8.9.3.17 NMAC, as follows:
(1) full
time care will be based on one hundred percent of the base [co-payment] copayment;
(2) part
time 1 care will be based on seventy-five percent of the base [co-payment]
copayment;
(3) part
time 2 care will be based on fifty percent of the base [co-payment] copayment; and
(4) part
time 3 care will be based on twenty-five percent of the base [co-payment]
copayment.
D. Below is the cost sharing chart with the formula used to determine child care copayments as set forth immediately above and as published yearly at https://www.nmececd.org/child-care-assistance/:
|
FPL
Percent Income Increments |
Percent
of Gross Income (Monthly) to Determine Copay |
|
0.00
to 185.00 |
0.00% |
|
185.01
to 200 |
0.29% |
|
200.01
to 210 |
0.59% |
|
210.01
to 220 |
0.88% |
|
220.01
to 230 |
1.18% |
|
230.01
to 240 |
1.47% |
|
240.01
to 250 |
1.76% |
|
250.01
to 260 |
2.06% |
|
260.01
to 270 |
2.35% |
|
270.01
to 280 |
2.65% |
|
280.01
to 290 |
2.94% |
|
290.01
to 300 |
3.24% |
|
300.01
to 310 |
3.53% |
|
310.01
to 320 |
3.82% |
|
320.01
to 330 |
4.12% |
|
330.01
to 340 |
4.41% |
|
340.01
to 350 |
4.71% |
|
350+ |
5.00% |
[D] E. Clients pay [co-payments] copayments directly to their child care provider and must remain current in their
payments. A client who does not pay [co-payments]
copayments may be subject
to sanctions.
[E]
F. In-home
providers: Parents or legal guardians 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 or legal guardian 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 or legal guardian.
[F]
G. Notification of
changes: Clients must provide
notification of changes via fax, e-mail, or telephone that affect the need for
care to their local child care assistance office.
(1) A client must notify the department of any non-temporary change in activity or changes to household composition. Notifications must be provided within 14 calendar days of the change.
(2) A client must notify the department when their household income exceeds eighty-five percent of the state median income, taking into account any fluctuation(s) of income.
(3) A client must notify the department of any changes to their contact information.
(4) A client who changes a provider must notify the department and the current provider 14 calendar days prior to the expected last day of enrollment. If this requirement for notification is met by the client, the current provider will be paid through the 14th calendar day. If this notification requirement is not met, the current provider will be paid 14 calendar days from the last date of nonattendance. The child care placement agreement with the new provider shall become effective when payment to the previous provider ceases. The client will be responsible for payment to the new provider beginning on the start date at the new provider and until the final date of payment to the former provider.
(5) If the client has not used the authorized provider for 14 consecutive calendar days, the child will be disenrolled from that provider and the client will remain eligible for the remainder of their eligibility period.
(6) Clients who do not comply with this requirement may be sanctioned.
[8.9.3.13 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.15 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 placement 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. Signed child care placement agreements (including electronically signed child care placement agreements) must be returned by hand delivery, mail, email, fax, or electronic submission to the local child care office within 30 calendar days of issuance. Failure to comply may affect payment for services and the child care placement agreement will be closed. The department will provide reasonable accommodations to allow a client or provider to meet this requirement.
C. Child care providers collect required [co-payments] copayments from clients and provide
child care according to the terms outlined in the child care placement
agreement.
D. Notification of changes: Child care providers must notify the department if a child is disenrolled or child care has not been used for 14 consecutive calendar days without notice from the client. If a client notifies the provider of non-attendance beyond 14 consecutive calendar days, the department will continue to pay the provider for the period of non-attendance, not to exceed six weeks following the first date of nonattendance.
(1) If the provider notifies the department of the above, the provider will be paid through the period of nonattendance, not to exceed six weeks.
(2) If a provider does not notify the department of disenrollment or of non-use for 14 consecutive calendar days, the provider will be paid through the last date of attendance.
(3) If a child was withdrawn from a provider because the health, safety, or welfare of the child was at risk, as determined by a substantiated compliant against the child care provider, payment to the former provider will be made through the last day that care was provided.
(4) Providers who do not comply with this requirement are sanctioned and may be subject to recoupment or disallowance of payments as provided in 8.9.3.21 NMAC.
E. 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 child care placement agreement. Failure to comply with this requirement may result in sanctions.
(1) Providers are not allowed to charge clients a registration/educational fee for any child who is receiving child care assistance benefits as listed under 8.9.3 NMAC. The rates set forth below are informed by a cost estimation model and include expenses for registration/educational fees per child and child and family activities on behalf of clients under 8.9.3 NMAC.
(2) 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] copayment.
F. Under emergency circumstances, when ECECD 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 assist clients with choosing another ECECD approved provider.
G. Owners and licensees may not receive child care subsidy payments to provide care for their own children.
H. 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.
I. Providers must promote the equal access of services for all children and families by developing and implementing policies and procedures that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, or age (40 or older).
[8.9.3.15 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.17 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. A signed child care placement agreement must be returned to the department for payment to be issued to the provider. The following circumstances under which the department may close placements or discontinue payment 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. Payment for notification of changes:
(1) If a client fails to notify the department within 14 calendar days of their expected last day of enrollment, the department will pay the provider 14 calendar days from the last day of nonattendance. The child care placement agreement with the new provider shall become effective when payment to the previous provider ceases.
(2) If the provider notifies the department of a child who is disenrolled or child care has not been used for 14 consecutive calendar days, the provider will be paid through the 14th calendar day following the last day of attendance.
(3) If a provider does not notify the department of disenrollment or of nonattendance for 14 consecutive calendar days, the provider will be paid through the last date of attendance.
(4) If a provider notifies the department
that it has received notification from a client of non-attendance beyond 14
consecutive calendar days, the department will continue to pay the provider for
the period of non-attendance, not to exceed six weeks, following the period of
non-attendance. The provider must submit documentation of the client
notification and reasoning to the department.
[(4)]
(5) If a child was
withdrawn from a provider because the health, safety, or welfare of the child
was at risk, as determined by a substantiated complaint against the child care provider, payment to the former provider will be
made through the last day that care was provided.
C. The rates set forth below are informed by a cost estimation model and include expenses for registration/educational fees per child and child and family activities on behalf of clients under 8.9.3 NMAC.
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 or legal guardian 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 placement agreement covering the certification period.
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 8-19 hours per week per month |
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 |
F. Hours of care shall be rounded to the nearest whole number. Hours for seeking employment is set at full-time.
G. Monthly reimbursement rates:
|
Licensed child care centers |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
Licensed group homes (capacity: 7-12) |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
Licensed family homes (capacity: 6 or less) |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
Registered homes, in-home child care, and FFN |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$350.00 |
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. In the case of a public health emergency, the department secretary may approve a differential rate be paid to licensed providers.
I. Providers holding and maintaining ECECD 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 ECECD 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. 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.
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:
|
Licensed Child Care Centers |
|||
|
2+ Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$100.00 |
$[ |
|
3 Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$100.00 |
$[ |
|
4 Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
5 Star FOCUS or ECECD approved national accreditation |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$250.00 |
|
Licensed Family and Group Homes |
|||
|
2+ Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
3 Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
4 Star FOCUS |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$[ |
|
5 Star FOCUS or ECECD approved national accreditation |
|||
|
Infant |
Toddler |
Pre-school |
School-age |
|
$[ |
$[ |
$[ |
$ [ |
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.
L. 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. If a significant change occurs in the client’s circumstances, (see Subsection F of 8.9.3.13 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. The department may conduct provider, parent, or legal guardian, 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. Payments are made to the provider for the period covered in the child care placement agreement or based on the availability of funds.
[8.9.3.17 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.21 SANCTIONS: Sanctions may be imposed according to the severity of the infraction as determined by the department as detailed below.
A. Providers or clients who fail to make timely payments in the case of recoupment of overpayments may be referred to a collection agency.
B. The department may initiate the recoupment process against any provider who fail to report in a timely manner that a child has not been in attendance for 14 consecutive calendar days.
C. Providers who allow their registration or license to lapse without renewal will not be paid during the periods for which the license or registration is not current. Providers who lose national accreditation status or lose eligibility for payment at any level of reimbursement for failure to maintain the standards required to be paid at that level of reimbursement, will not be paid at that level of reimbursement beginning with the first day of the month during which the loss of accreditation or eligibility occurred. Payment recoupment will be sought for any period for which excessive benefits have been paid.
D. Clients who fail to pay [co-payments]
copayments may be
disqualified until the [co-payment] copayment is paid or until an agreement is made between the
client and the provider to bring the [co-payment] copayment current.
[8.9.3.21 NMAC - N, 11/01/2022; A, 8/1/2023]
8.9.3.24 [CO-PAYMENT] COPAYMENT SCHEDULE: The department will develop and publish an
annual schedule based on the federal poverty guidelines.
[8.9.3.24 NMAC - N, 11/01/2022; A, 8/1/2023]