The purpose of the revised rule is to comply with statutory mandate and to clarify provider reimbursement requirements.  

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    DEPARTMENT OF EDUCATION

    Florida's Office of Early Learning

    RULE NO.:RULE TITLE:

    6M-4.500Child Attendance and Provider Reimbursements

    PURPOSE AND EFFECT: The purpose of the revised rule is to comply with statutory mandate and to clarify provider reimbursement requirements.

    SUMMARY: The proposed rule updates the rule to comply with statutory mandate and clarifies provider reimbursement requirements.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The office's economic analysis of the adverse impact or potential regulatory costs of the proposed rule does not exceed any of the criteria established in s. 120.541(2)(a), FS.

    Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

    RULEMAKING AUTHORITY: 1001.213(2), FS.

    LAW IMPLEMENTED: 1002.82(2)(c), 1002.82(2)(f)1.a.(III), 1002.82(2)(o), 1002.82(2)(r), 1002.87(8), (9), FS.

    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: Thursday, February 7, 2019, 10:30 a.m. – 12:00 p.m. ET, or at the conclusion of business whichever is earlier

    PLACE: via GoToWebinar only. To register for the webinar, please visit: http://www.floridaearlylearning.com/statewide_initiatives/laws_and_rules/proposed_rules.aspx

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Katerina Maroney (850)717-8614; Katerina.Maroney@oel.myflorida.com.. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, (850)717-8614; Katerina.Maroney@oel.myflorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    6M-4.500 Child Attendance and Provider Reimbursements.

    (1) General Provisions.

    (a) through (b) No change.

    (c) Daily attendance documentation shall be maintained by each school readiness provider based on the terms of the Statewide School Readiness Provider Contract, specified in Rule 6M-4.610, Florida Administrative Code (F.A.C.). The provider must record daily child attendance using a paper sign-in and sign-out form or electronic attendance-tracking system that is maintained at the provider site to validate the attendance data. For electronic electornic attendance systems, the provider must backup records on a regular basis to safeguard against loss. The sign-in and sign-out forms will vary by provider but must contain the following information:

    1. through 5. No change.

    (d) through (k) No change. 

    (2) Monthly certification of child attendance for payment reimbursement.

    (a) An early learning coalition shall give a school readiness A provider must complete and certify a monthly roster, prepared by using the statewide information system, that lists each child enrolled in the provider’s school readiness program, and includes spaces for a private provider or public school to report a child’s attendance for the calendar month.

    (b) A school readiness provider must certify the monthly attendance of a child enrolled in the provider’s school readiness program. A school readiness provider may certify monthly attendance by electronic means approved by the early learning coalition.

    (b)(c) For each calendar month that a school readiness provider participates in the school readiness program, the coalition shall not pay the school readiness provider until the provider submits a monthly attendance roster to the coalition which certifies the attendance of each enrolled child from the prior month.

    (c)(d) If a child arrives at a school readiness provider’s site but the provider or school refuses the child’s attendance, the provider or school must record the instructional day as a non-reimbursable absence. However, the provider may be reimbursed as a reimburseable absence in the case the child is ill as documented by the parent or provider and in accordance with paragraph four (4) of this rule.

    (3) No change.

    (4) Absences.

    (a) Reimbursement shall be authorized for no more than three (3) absences per calendar month per child except in the event of extraordinary circumstances in which case the coalition or its designee shall document provide written approval for payment based on written documentation provided by the parent justifying the excessive absence for up to an additional seven (7) days. Extraordinary circumstances does not include vacation or recreational time. Examples of extraordinary circumstances include the following:

    1. through 5. No change.

    (b) through (c) No change.

    (d) If the child has ten (10) unexplained absences absenses during a total calendar month of attendance, with no contact from the parent, the provider shall submit written notification to the local coalition or its designee who in turn shall determine the need for continued care. The coalition shall document in the case file all attempts to contact the parent by the coalition, provider, or referring agency, if applicable. If a determination is made that school readiness services are no longer needed, the local coalition or designee shall send a notice of termination to the parent and school readiness provider at least 2 weeks prior to disenrollment pursuant to Rule 6M-4.200, F.A.C. If the authorized eligibility period ends in less than 2 weeks, the notice of disenrollment will be sent stating that services will end on the last day of the current eligibility period. However, an at-risk child may not be disenrolled from the program without the written approval of the Child Welfare Program Office of the Department of Children and Families or the community-based lead agency. A notice of termination shall be maintained in the case file and provided to the parent, provider and referring agency.

    (e) No change.

    (5) Reimbursement for Contracted Slots. If a coalition participates in the Contracted Slots Program and the coalition determines a provider is eligible for the program in accordance with 6M-4.610, FAC, then the coalition may reimburse the provider up to 10% above the 75th percentile of the market rate determined in accordance with 1002.895, F.S. If the market rate data is not available or is based on a sample size of less than four for a specific provider type and/or care level by county, then the rate shall be based on the statewide market rate for the applicable provider type and/or care level. The portion of the contracted slots reimbursement up to the provider’s private pay rate shall be funded by school readiness direct service billing groups. The remaining portion of the contracted slots reimbursement exceeding the provider’s private pay rate shall be funded as a quality expenditure. Gold seal rates shall be excluded from the contracted slots reimbursement rates.

    (6) Reimbursement for Registration Fees.   If a provider has indicated that it charges a registration fee in Exhibit 5 of the State of Florida Statewide School Readiness Provider Contract, Form OEL-SR 20, as incorporated by reference in Rule 6M-4.610, F.A.C. the coalition shall pay the registration fee for a child enrolled in the School Readiness program.  The coalition shall pay a provider a registration fee two (2) times during a child’s continuous eligibility for the program.

    (a) The coalition shall pay a provider registration fee of up to seventy-five dollars per eligible child at the time the registration fee is due to the provider. The coalition shall reimburse the registration fee with the reimbursement for the child’s first month of attendance with the provider. For children currently enrolled in the program, the coalition shall reimburse the provider the registration fee the next time the fee is due to the provider after the effective date of this rule. The payment for the registration fee shall not exceed the provider’s published private registration fee. If a child is attending different providers concurrently, the coalition shall pay the registration fee to the provider that the child attends the majority of the time. If a child attends all providers an equal amount of time, the registration is paid to the provider where the child has been enrolled the longest.

    (b) The coalition shall apply the following exceptions to the requirement limiting the registration fee reimbursement to two (2) times during a child’s eligibility for the program.

    1. If the child’s provider closes or has its contract terminated, the coalition shall pay the registration fee to the new provider. This payment is considered a one-time exception and does not apply to the two-time limit.

    2.  If a child is enrolled in the school readiness program continuosly for five years, the coalition shall pay the registration fee during the sixth year of eligibility at redetermination. Five continuous years begins with the effective date of this rule.

    3. If there is a break in the child’s eligibility of at least twelve consecutive months, the two-time limit starts over.

    4. If the family experiences hardship requiring a transfer to a different provider, the coalition shall pay the registration fee to the new provider. This payment is considered a one-time exception and does not apply to the two-time limit. Hardship may be demonstrated by evidence of one or more of the following:

    a. Illness of the child or parent requiring the family to relocate.

    b. Loss of a parent resulting in family relocation.

    c. Loss of employment resulting in family relocation.

    d. Eviction requiring the family to relocate.

    e. Natural or man-made disaster.

    f. Child expulsion in accordance with the provider’s policies. The coalition shall recoup the registration fee in cases where a provider expels a child within three (3) months of enrollment.

    (7)(5) Reimbursement for Children with Special Needs.

    (a) through (b) No change.

    (6) Reimbursement for Gold Seal Quality Care Programs.

    A child care provider that has a current Gold Seal Quality Care designation, as defined in Section 402.281, F.S, may receive a differential rate higher than the coalition’s base approved reimbursement rate for each care level and unit of care. The reimbursement rate for the Gold Seal differential may be negotiated up to twenty (20) percent above an early learning coalition’s approved reimbursement rate for each care level and unit of care.

    (8)(7) Reimbursement of Quality Improvement Programs.

    (a) Coalitions may reimburse providers up to twenty (20) percent above the provider’s private pay rate to support quality. Payments may exceed private pay rates if they are designed to pay providers for additional costs associateed with offering higher-quality care. However, any amount that exceeds the providers private pay rate for infant care shall be classified as a quality expenditure.

    (b) No change.

    (9) Reimbursement for Gold Seal Quality Care Programs. A child care provider that has a current Gold Seal Quality Care designation, as defined in Section 402.281, F.S, may receive a differential rate higher than the coalition’s base approved reimbursement rate for each care level and unit of care. The reimbursement rate for the Gold Seal differential may be negotiated up to twenty (20) percent above an early learning coalition’s approved reimbursement rate for each care level and unit of care.

    (10) Reimbursement for Quality Performance Incentive.

    (a) An eligible child care provider that receives a program assessment composite score, as defined in Rule 6M-4.740, F.A.C., of 3.01 or higher shall receive a tiered Quality Performance Incentive differential rate above the coalition’s base approved reimbursement rate for each care level and unit of care.  

    (b) A child care provider’s Quality Performance Incentive differential shall be based on the  most recent program assessment composite scores. The differential will be adjusted at the beginning of the new Statewide School Readiness Provider Contract year.

    1. Providers that receive program assessment composite scores of 3.01 to 3.99 shall receive a three (3) percent Quality Performance Incentive differential.

    2. Providers that receive program assessment composite scores of 4.00 to 4.99 shall receive a four (4) percent Quality Performance Incentive differential.

    3. Providers that receive program assessment composite scores of 5.00 to 5.99 shall receive a seven (7) percent Quality Performance Incentive differential.

    4. Providers that receive program assessment composite scores of 6.00 to 7.00 shall receive a twelve (12) percent Quality Performance Incentive differential.

    (c) A child care provider that is currently on a Quality Improvement Plan, pursuant  to Rule 6M-4.740, F.A.C., is not eligible for the Quality Performance Incentive.

    (11) Reimbursement for Child Assessments.

    An eligible child care provider may recieve a child assessment differential reimbursement rate of three (3) percent higher than the coalition’s base approved reimbursement rate for each care level and unit of care. This differential shall be paid at the end of each contract year and in accordance with this subsection of rule, once all assessments have been successfully completed and submitted. The provider shall be reimbursed the child assessment differential rate only for those children that have had 3 assessments conducted during the contract year for all reimbursable days during the contract year.

    (a)To be eligible to receive the child assessment differential rate, a provider shall conduct child assessments with an OEL approved assessment tool using a reliable assessor as defined by the child assessment tool at least three times per year and  submit valid and reliable data to the statewide information system in the domains of language and executive functioning.

    1. A coalition may waive the requirement for all school readiness children to be assessed due to unforeseen circumstances. Unforseen circumstances include:

    a. Force Majeure - Where the delay resulting from its failure to perform is neither the fault nor the negligence of the Provider or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Provider’s control.

    b. Electronic records are unavailable from the training agency or other entity due to database or system failure.

    c. Instructor/director death or staff loss due to emergency circumstances including, but not limited to, declaration of a state of emergency by federal, state or local officials.

    2. A provider who contracts for the SR Program at a time that does not allow three assessment periods to be completed in the contract year is not eligible for a differential.

    3.  A child care provider that is currently on a Quality Improvement Plan, pursuant  to Rule 6M-4.740, F.A.C., is not eligible for the child assessment differential reimbursment rate.

    (a) A provider shall maintain at least 75% of teachers meeting the reliability requirements as defined by the OEL-approved assessment tool to receive the child assessment differential rate. If the provider falls below 75% due to the loss of a teacher or a teacher is no longer considered reliable, the provider will have 30 calendar days to replace the teacher with a reliable teacher. If the teacher is not replaced within 30 days of the previous teacher’s last day of employment and the provider has not retained 75% of reliable teachers, the differential shall not be paid.

    1. If a provider falls below the 75% reliability requirements, they should notify the coalition within five business days of the last date of the previous teacher’s employment or reliability for the current teacher expires.

    (b) All school readiness children ages birth to kindergarten entry, who have been enrolled at the provider for at least 60 days, shall be assessed during the eligible assessment periods on all domains as defined by the OEL - approved tool chosen by the provider. If a child enrolls at the provider later than 60 calendar days before the end of the assessment period, the child shall be assessed in the next assessment period.

    (c) Assessment periods shall be conducted within the following periods and all data complete and uploaded in the last month of that period:

    1. Assessment Period One – August 1 – October 31

    2. Assessment Period Two – November 1 – January 31

    3. Assessment Period Three – February 1 – April 30

    (d) A parent may decline to have a child assessed at the time of enrollment at the provider.

    (12) Reimbursement for Combined Quality Programs. A child care provider that is currently receiving a Gold Seal differential and participating in a state or local quality improvement program, as documented by the coalition and approved by the Office of Early Learning, may receive a differential rate higher than the coalition’s base approved reimbursement rate for each care level and unit of care. The quality improvement differential may include a combination of quality programs. The total reimbursement rate including the for quality improvement differential shall not exceed twenty (20) percent above the provider’s private pay rate.

    Rulemaking Authority 1001.213(2) FS. Law Implemented 1002.82(2)(c), 1002.82(2)(f)1.a.(III), 1002.82(2)(k), 1002.82(2)(p),1002.82(2)(o) 1002.87(8), (9) FS. History–New 2-2-05, Formerly 60BB-4.500, Amended 1-1-15, 5-28-17, ___________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Katerina Maroney, School Readiness Policy Supervisor

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Rodney J. MacKinnon, Executive Director

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 20, 2018

Document Information

Comments Open:
1/15/2019
Summary:
The proposed rule updates the rule to comply with statutory mandate and clarifies provider reimbursement requirements.
Purpose:
The purpose of the revised rule is to comply with statutory mandate and to clarify provider reimbursement requirements.
Rulemaking Authority:
1001.213(2), FS.
Law:
1002.82(2)(c), 1002.82(2)(f)1.a.(III), 1002.82(2)(o), 1002.82(2)(r), 1002.87(8), (9), FS.
Contact:
Katerina Maroney, School Readiness Policy Supervisor, Office of Early Learning, 250 Marriott Dr., Tallahassee, Florida 32399, (850)717-8614; Katerina.Maroney@oel.myflorida.com
Related Rules: (1)
6M-4.500. Reimbursement-General Provisions Reqarding Reimbursements for Holidays and Absences