Florida’s Office of Early Learning
RULE NO.:RULE TITLE:
6M-4.400Required Parent Co-payment
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 246, December 21, 2016 issue of the Florida Administrative Register.
(1) through (2) No change.
(3) Graduated Phase-out. At the end of the initial 12-month eligibility period the coalition shall re-evaluate the family’s eligibility. at redetermination, if a family’s income is above 150 percent of the Federal Poverty Level (FPL), but at or below 85 percent of the State Median Income (SMI), the parent shall be assessed a co-payment that is based on family size, the hours of care needed, and the family’s income. As the family’s income increases the co-payment shall gradually increase based on the approved sliding fee scale. If a family’s income exceeds 85% of the SMI, the coalition shall notify the family that the family is no longer eligible to receive school readiness services and will be terminated two weeks from the date of the termination notice, as long as the two-week period does not extend beyond the family’s authorized eligibility period. At the end of the initial 12-month eligibility period at redetermination, if a family’s income remains at or below 150 percent of the FPL, the family will remain eligible pursuant to Rule 6M-4.200, F.A.C., and will not be subject to the graduated phase-out criteria.
(a) At the end of the initial 12-month eligibility period at redetermination, if a family’s income is above 150 percent of the Federal Poverty Level (FPL), but at or below 85 percent of the State Median Income (SMI), the family will enter the graduated phase-out. The parent shall be assessed a co-payment that is based on the approved sliding fee scale. As the family’s income increases the co-payment shall gradually increase based on the approved sliding fee scale.
1. During graduated phase-out, school readiness childcare funding will be authorized for 12 months from the redetermination date. At redetermination the coalition shall provide written notice to the family and provider of the required co-payment for the 12-month period to be paid by the parent to the provider. The notice shall inform the parent that the co-payment shall increase as the family’s income increases.
2. During graduated phase-out, the family shall report any changes in family size or income to the coalition within ten (10) calendar days. The coalition shall adjust the family’s co-payment based on the reported information and shall notify the family and provider of any changes within ten (10) calendar days. The parent co-payment shall be increased or decreased based on any reported changes, as required, that affect the parent co-payment.
3. During graduated phase out, if the family’s income exceeds 85% of the SMI, the family is no longer eligible for the program. The coalition shall notify the family that the family is no longer eligible to receive school readiness services and school readiness services will be discontinued two weeks (14 calendar days) from the date of the notice, as long as the two-week period does not extend beyond the family’s authorized eligibility period. During the graduated phase out, if the family’s income falls below 150% of the federal poverty level, the copayment shall be adjusted based on the approved sliding fee scale and the family will remain in the graduated phase out and continue to receive services for the remainder of the twelve-month phase-out period.
(b) At the end of the initial 12-month eligibility period at redetermination, if a family’s income remains at or below 150 percent of the FPL, the family will remain eligible pursuant to Rule 6M-4.200, F.A.C. The family’s eligibility, co-payment, and reporting requirements are subject to the requirements of the initial eligibility period and will not be subject to the graduated phase-out criteria.
(c) At the end of the initial 12-month eligibility period at redetermination, if a family’s income exceeds 85% of the SMI, or the family is otherwise no longer eligible, the coalition shall notify the family that the family is no longer eligible to receive school readiness services and school readiness services will be discontinued. two weeks from the date of the termination notice.
(a) The school readiness child care funding will be authorized for 12-months from the redetermination date. At redetermination the coalition shall provide written notice to the family and provider of the required co-payment for the 12-month period to be paid by the parent to the provider. The notice shall inform the parent that the co-payment shall increase as the family’s income increases.
(b) After the initial twelve 12-month eligibility period, during all subsequent eligibility periods, the family shall report any changes in family size or income to the coalition within ten (10) calendar days. The coalition shall adjust the family’s co-payment based on the reported information and shall notify the family and provider of any changes within ten (10) calendar days.
(4) No change.
(5) Co-payment collection. The co-payment amount for which the family is responsible shall be subtracted from the provider’s reimbursement, prior to payment by the coalition or its designee. Collection of the family’s required co-payment for school readiness services shall be the responsibility of the provider of school readiness services in accordance with Section 1002.84(8), F.S.
(a) No change.
(b) The provider shall document outstanding parent co-payment balances. The provider shall provide written notification to the parent of the current outstanding co-payment balance within fifteen (15) calendar days of the provider’s payment due date. This notification shall be provided at least on a monthly basis as long as there is a co-payment balance. Outstanding parent copayments will be subject to the provider’s payment policies as acknowledged and agreed upon by the parent. The provider shall document the parent’s acknowledgement of receipt of payment policies related to the school readiness program prior to the parent enrolling his/her child in the provider’s school readiness program. If the provider intends to take action, in accordance with its policy, against a school readiness parent for non-payment of the co-payment that includes disenrolling the child from the provider site, the provider shall notify the coalition at least five (5) calendar days prior to disenrollment.
(6) Co-payment waivers. In accordance with Section 1002.84(8), F.S., the coalition may waive the parent co-payment on a case-by-case basis. Each coalition must include a list of qualifying events in its coalition plan and outline the procedure for obtaining a waiver of a co-payment. Requests for the co-payment waivers shall be documented in the case file during the initial authorization for care and at each redetermination.
(a) At-risk co-payment waivers. A co-payment may be waived on a case-by-case basis for families participating in an at-risk program as defined in s.1002.81(1), F.S. The request for the co-payment waiver must be documented in the case file.
(b) Temporary co-payment waivers. A co-payment may be temporarily waived on a case-by-case basis for families with income at or below 100 percent of the federal poverty level during an event that limits a parent’s ability to pay as defined by in accordance with section 1002.84(8), F.S. The request for the co-payment waiver must be documented in the case file during the initial authorization for care and at each redetermination.
(7) Transfers. A parent may not transfer his or her child to another school readiness program provider until the parent has submitted documentation from the current school readiness program provider to the early learning coalition stating that the parent has satisfactorily fulfilled the co-payment obligation related to school readiness program. Satisfactory fulfillment of the co-payment obligation is defined as immediate payment of the outstanding co-payment obligation or establishment of a repayment plan for the outstanding co-payment obligation. All transfers, except at-risk protective services clients, shall must be approved by the coalition. Provider transfers for at-risk protective services clients must be approved by the Child Welfare Program Office of the Department of Children and Families and done in accordance with rule 65C-13.030(2)(d), FAC for children in licensed out-of-home foster care.
(a) If the referenced documentation is not available, the coalition shall contact the provider to determine compliance and document compliance as reported by the provider. Satisfactory fulfillment of the co-payment obligation will be defined as immediate payment of the outstanding co-payment obligation or establishment of a repayment plan for the outstanding co-payment obligation. The coalition shall authorize complete the transfer once the copayment obligation has been satisfactorily fulfilled.
(b) If a parent of an at-risk child defined in s. 1002.81 (1), F.S., is unable to satisfactorily fulfill the co-payment obligation prior to transfer, the provider shall attempt to arrange a repayment plan with the at-risk child’s parent. If the provider is unable to arrange a payment plan with the at-risk child’s parent, the provider shall document the repayment attempt and submit to the coalition. The coalition shall report the parent’s intent to transfer child care providers to the Child Welfare Program Office of the Department of Children and Families or the community-based lead agency.
(8) Co-payment changes. A parent co-payment shall not be increased during the initial 12-month eligibility authorization period. The amount of co-payment assessed shall be in effect for the family’s authorized eligibility period, unless:
(a) through (d) No change.
(e) Co-payments during graduated phase out subsequent eligibility periods may be increased or decreased based on the family’s income and size.
(9) Coalition co-payment errors. The coalition shall not take action to recover an incorrect co-payment caused by an incorrect co-payment made due to an error of the coalition or its designee. Once the error is discovered, the coalition must correct the error and apply the corrected co-payment. The coalition shall notify the parent within ten (10) calendar days of changes to the co-payment. This notification must be documented.
(10) No change.
