Florida’s Office of Early Learning
RULE NO.:RULE TITLE:
6M-4.630Statewide Provider Contract Monitoring Tool for the School Readiness Program
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. 247, December 22, 2016 issue of the Florida Administrative Register.
The changes to the proposed rule are being made in response to comments from the Joint Administrative Procedures Committee and the public hearing held on January 17, 2017. The changes are as follows:
Rule 6M-4.630: No change.
On Form OEL-SR20M:
Form title. STATEWIDE SCHOOL READINESS PROVIDER CONTRACT MONITORING TOOL
On pages 1 and 2,
Section A.: No change.
Section B. Tier 1 Compliance Tracking/Desk Review
Subsection 1. through 3.: No change.
Subsection 4: Correct rule reference to read: Rule 6M-9.300 (8) (5),FAC.
Subsection 5 through 6: No change.
Sections C through F: No change.
On pages 3 and 4, Attachment A, STATEWIDE SCHOOL READINESS PROVIDER CONTRACT MONITORING TOOL—Tier 2, Table of Contents: Sections I. though VIII. No change; Section IX Insurance, 2. Reemployment assistance Unemployment compensation insurance; Section X. and remainder No change.
On page 5, Attachment A Section I. PARTIES AND TERMS OF THE CONTRACT: No change.
Attachment A Section II, PROVIDER ELIGIBILITY 1.: No change
Attachment A Section II-2. Licensed or legally operating, Assessment activity: 1. 2. Access the DCF Child Care Administration, Regulation and Enforcement System (CARES) (CCIS) website or local licensing inspection reports and conduct a provider search for the provider in question.
On page 6, Attachment A Section II-2: 3. Through 8. are renumbered 2. through 7. as a result of the deletion of existing number 1.
On pages 6 through 9, Attachment A Section III, PROVIDER RESPONSIBILITES, 1. – 4.: No change.
Attachment A Section III-5. Prohibited forms of discipline. And 6. Child immunization and health screenings. Remain stricken.
Attachment A Section III-7., Unlimited parental access will not be stricken; however it will be renumbered as 5 to accommodate the two prior sections that are stricken.
On page 9, Attachment A Section III, under Attendance Reporting, 6. 5. Daily sign-in/sign-out sheets, first assessment activity and question remain unchanged.
On page 10, Attachment A Section III-6., Daily sign-in/sign-out sheets, second question is modified to read: Did the observation result in a disallowed questioned cost? Indicate amount__________ Indicate any discrepancies found (including disallowed questioned costs): (VII-51).
On page 10, Attachment A Section III-6, Enrollment/Attendance Certifications, is renumbered to 7, the introduction and first question is unchanged; the second question is modified to read: Did the observation result in a disallowed questioned cost? Indicate amount________ Indicate any discrepancies found (including disallowed questioned costs): (VII-51).
On page 10, Attachment A Section III-7, Reporting absences is renumbered to 8. , the first introduction and first question remain unchanged; the second question is modified as follows: Yes No If no, did the observation result in a questioned cost? Indicate amount ________________Indicate any discrepancies found:
On page 11, Attachment A Section III-8, Rilya Wilson Act is renumbered to 9 10 the introduction and question remain the same.
On page 12, Attachment A Section IV. Access, 1. and 2. : No change.
On page 12, Attachment A Section V, Maintenance of Records, Date and Confidentiality, numbers 1. and 2. No change; On page 13, number 3.Maintain records for five years, The following question is added as a new checkbox: Did the observation result in a disallowed cost? Indicate amount Indicate any discrepancies found (including disallowed costs): (VII-51)
On pages 13 through 14, Attachment A Section VI, Compensation and Funding: No change.
On page 14, the heading, VII. Nondiscrimination, was inadvertently omitted and is reinserted; no other changes.
On page 14, Attachment A Section VIII, Notification 1. Timely unusual incident reporting, shall now read: Did the coalition verify that the provider reported unusual incidents on file during the visit to the coalition by no later than the close of business on the day of the incident? An unusual incident is defined in Form OEL-SR 20 (October 2016August 2014) at number 70 69 as incorporated by reference in Rule 6M-4.610, FAC. (XI-7068)
On page 14, Attachment A Section VIII-2. Written notification of incident: Did the provider submit a written report of the incident on file during the visit to the coalition within three business days? (XI-7068)
On page 14, Attachment A Section IX, Insurance, 1. Workers’ compensation insurance: No change.
Attachment A Section IX, Insurance, 2: Reemployment assistance Unemployment compensation insurance, question boxes remain unchanged; the question is revised to read: Does the provider have Reemployment assistance Unemployment Compensation insurance that covers the term of the contract? (III-19)
Attachment A Section IX, Insurance, 3. General liability insurance: No change.
On page 15, Attachment A Section IX, Insurance, 4. Homeowner’s liability insurance or homeowner’s insurance policy (for informal providers) the following checkbox is added: Yes
Attachment A Section IX, Insurance, 5. Insurance changes: No change.
On page 16, Attachment A Section X, Monitoring Review Acknowledgements: No change.
On page 17, OVERALL COMPLIANCE OBSERVATIONS: No changes.
On page 18, Attachment B- Minimum Annual Sample Size for Providers, the third column is revised to read: # of Providers or Students. All other items remain the same.
On page 19, Attachment C, School Readiness Curriculum Approval Process--Monitoring: No change.
On page 21, Attachment D, School Readiness Provider Monitoring Chart, SR Program Risk Assessment column, Section III. PROVIDER RESPONSIBILITIES, a. through d. no change; e. g. Unlimited parental access; f. h. Daily sign-in/sign-out sheets*, disallowed cost indicator ; g. i. Enrollment/Attendance Certifications*; h. j. Reporting absences*; i. k. Rilya Wilson Act*
On page 21, Attachment D, School Readiness Provider Monitoring Chart, SR Program Risk Assessment column, Section IV. ACCESS: Remove strikethrough. Re-inserting existing language [IV. ACCESS a. Access to facility b. Access to records.]
On page 21, Attachment D, SCHOOL READINESS PROVIDER MONITORING CHART, SR Program Risk Assessment column, Section V. MAINTENANCE OF RECORDS, DATA AND CONFIDENTIALITY, it shall now read: c. Maintain records for five years*, disallowed cost indicator
On page 22, Attachment D, SCHOOL READINESS PROVIDER MONITORING CHART, SR Program Risk Assessment column, Section IX. INSURANCE Insurance, a. no change, b. Reemployment assistance insurance Unemployment compensation; c. no change, d. no change
On pages 21 and 22, Attachment D, SCHOOL READINESS PROVIDER MONITORING CHART, chart-numbering revisions are as follows:
Risk Indicator
SR Program Risk Assessment
Enter x for each area of non-compliance*
Comments
NA
#1
I. PARTIES AND TERMS OF THE CONTRACT
a. Not transferred/assigned contract
II. PROVIDER ELIGIBILITY
a. Provider type and services (informational)
NA
#2
b. Licensed or legally operating
#3
III. PROVIDER RESPONSIBILITIES
a. Child care*
#4
b. Healthy and safe environment
#5
c. Developmentally appropriate curriculum
#6
d. A character development program
#79
e. Unlimited parental access
#810
f. Daily sign-in/sign-out sheets*, disallowed cost indicator
#911
g. Enrollment/Attendance Certifications*, disallowed cost indicator
#1012
h. Reporting absences*
#1113
i. Rilya Wilson Act*
#1214
IV. ACCESS
a. Access to facility
#1315
b. Access to records
#1416
V. MAINTENANCE OF RECORDS, DATA AND CONFIDENTIALITY
a. Family data and confidentiality agreements
#1517
b. Attendance record maintenance*
#1618
c. Maintain records for five years*, disallowed cost indicator
#1719
VI. COMPENSATION AND FUNDING
a. Private pay rate
#1820
b. Rates and Fees for Parents
#1921
c. Military Subsidies
#2022
d. Parent copayment collection*
#2123
e. Head Start Agencies
#2224
f. Title 20 Schools
#2325
VII. NONDISCRIMINATION
a. Discrimination
#2426
VIII. NOTIFICATION
a. Timely unusual incident reporting
#2527
b. Written notification of incident
#2628
IX. Insurance
a. Worker’s compensation insurance
#2729
b. Reemployment assistance insurance
#2830
c. General liability insurance (or Homeowner’s liability insurance, informal providers only)
#2931
d. Insurance changes
X. MONITORING REVIEW ACKNOWLEDGEMENTS -
TOTAL NUMBER OF OVERALL COMPLIANCE OBSERVATIONS
Total # - __________
Percentage of Questions Cost -
On page 22, at the end of Attachment D, SCHOOL READINESS PROVIDER MONITORING CHART, the Note shall now read as: Note: A provider that has seven eight or more findings as assessed by this monitoring tool, will be considered high-risk, (.25 x 29 31=~ 7 8). Additionally, if 15 percent or more of the files for risk indicators 8, 9, and 16 in the selected sample result in a disallowed questioned cost, that provider will be considered high-risk. For example, if three out of 20 files result in questioned cost, that provider will be considered high-risk.
*For sampled files, if the error rate is 10% or higher for risk indicators 8, 9, 10, 11, 13, 14, 15, 16, and 20, this will constitute a finding for this criterion that will count toward the high risk assessment identified in section D above. All non-compliance observations will still require corrections, regardless of the error rate percentage.
