Okla. Admin. Code § 340:40-13-5

Current through Vol. 42, No. 4, November 1, 2024

Section 340:40-13-5 - Child care provider contracts

(a)Criteria. A child care program owner and the Oklahoma Human Services (OKDHS) Director or designee signs Form 08CC001E, Child Care Provider Contract, before OKDHS pays for out-of-home child care services. By signing the contract, the child care provider agrees to not take into account a person's race, color, religion, sex, national origin, or disability in deciding which children to accept in the child care program or in how to provide services. Age may be a factor only to the extent that certain services are designed for a particular age group.

(1) Written complaints that a child care provider is not complying with assurances in (a) of this Section are made to the OKDHS Director or to the Secretary of Health and Human Services, Washington, D.C., 20201.

(2) Local Child Care Services (CCS) licensing staff provides initial contract information for child care programs. The child care provider contacts CCS, Child Care Subsidy Unit staff to request a contract.

(3) Child care contracts are valid for a maximum of one year. Contracts may be renewed at the sole option of OKDHS for successive one-year terms per (g) of this Section.

(b)License and star status for child care centers and homes. OKDHS does not contract with out-of-state child care providers. Child care providers only obtain an OKDHS contract after they are licensed or permitted.

(1) A child care center provider requesting a contract is required to have a license or permit and a two-star or higher star status. Community Hope Centers are exempt from participation in the Stars quality rating system.

(2) A child care home provider requesting a contract is required to have a license or a permit.

(A) When licensed, the child care home provider may have a one star or higher status.

(B) When on permit, the child care home provider must have a two-star or higher status.

(c)Procedure for obtaining child care contracts. The procedures in (1) through (5) of this subsection are used to obtain child care contracts.

(1) CSS licensing staff gives the child care provider OKDHS Publication 07-12, "Steps For Child Care Providers Interested In A Subsidy Contract" and instructs the provider to contact CCS Child Care Subsidy Unit staff to obtain an OKDHS child care contract.

(2) When a child care program owner or another person authorized to sign the contract contacts CCS Child Care Subsidy Unit staff, staff explains the owner or responsible person must provide documents listed in (A) through (D) of this paragraph before signing a contract. Documents include a copy of:

(A) a document that verifies the identity of the owner or responsible person authorized to sign the contract;

(B) a document from the Internal Revenue Service verifying the employer identification number. A home child care provider who is a sole proprietor may provide a copy of the employer's Social Security card in lieu of an employer identification number;

(C) the certificate of completion for the required online "Orientation to Child Care Subsidy Contracts" training; and

(D) ownership verification.

(3) When the owner provides the required documents, CCS Child Care Subsidy Unit staff sends Form 08CC001E to the child care provider and explains that the earliest date a contract is valid is the date the OKDHS Director or designee approves the contract.

(4) The owner or person authorized to sign the contract signs and returns the contract to the CCS Child Care Subsidy Unit.

(5) CCS Child Care Subsidy Unit staff processes the contract request for approval or denial.

(A) When approved, CCS Child Care Subsidy Unit staff assigns a contract number and sends a copy of the signed contract to the child care provider.

(B) When denied, CCS Child Care Subsidy Unit staff sends a letter to the child care provider.

(d)Changes the provider reports. Form 08CC001E informs child care providers of changes they must report to the CCS Child Care Subsidy Unit no less than 30-calendar days prior to the effective date of any changes. When the provider fails to report the anticipated change timely and a new contract is needed, a gap may occur in the child care subsidy payment to the provider. Changes that are reported include:

(1) collaborations or agreements;

(2) ownership change;

(3) legal business entity change;

(4) change in facility status;

(5) legal name change of the business;

(6) plan to stop caring for children;

(7) star status reduction;

(8) changes in the responsible person authorized to sign the contract or in that person's legal name;

(9) disqualification, suspension, or debarment from the Child and Adult Food Care Program or any other federal program;

(10) when an owner or employee of a child care provider is convicted of a criminal offense; and

(11) provider address change.

(e)Changes that require a new contract. A new contract is required when changes listed in (1) through (3) of this subsection occur.

(1)Change in ownership. An ownership change occurs when the owner of a child care program changes.

(2)Change of legal business entity. A change of legal business entity is a change from one legal business entity type to another. Refer to OKDHS Appendix L-7, Ownership Proof Chart, for a list of legal business entity types.

(3)Change in facility status. A change in facility status occurs when a child care home changes to a child care center or a child care center changes to a child care home.

(f)Providing care at a different site than is authorized. When the child care provider signs the child care contract, the provider agrees to provide care only at the physical address designated in the contract.

(1) After obtaining prior approval from CCS Child Care Subsidy Unit staff, a child care center provider owning more than one child care center may be authorized to move children receiving subsidized child care benefits to an alternate center for a designated time period. A child care center provider may not move a point-of-service (POS) machine or submit electronic claims for care at another location until the provider receives approval from CCS Child Care Subsidy Unit staff.

(2) CCS Child Care Subsidy Unit staff provides written approval when (A) through (E) of this paragraph are met.

(A) The same owner or legal business entity operates the alternate site.

(B) The alternate site is licensed and contracted at the same star level and the child care provider has adequate licensed capacity at the alternate site.

(C) There is a legitimate business reason for providing care in another location.

(D) The provider advises CCS Child Care Subsidy Unit staff how the provider is ensuring parents are aware their children are being cared for at a different location.

(E) The provider advises CCS Child Care Subsidy Unit staff of the date of expected return to the contracted site.

(g)Child care contract renewal. Child care contracts may be renewed at the sole option of OKDHS for successive one-year terms, under the same terms and conditions, unless OKDHS makes changes to Form 08CC001E. The child care contract is not renewed when:

(1) the child care provider or OKDHS gives written notice of its intent not to renew to the other party at least 30-calendar days prior to the previous contract term's expiration; or

(2) during the contract renewal period, the provider fails to:

(A) complete all required contract training; or

(B) provide any other information or documents requested.

(h)Contract violations. By signing the child care provider contract, Form 08CC001E, the child care provider agrees to abide by the contract's terms. When OKDHS staff becomes aware a child care provider is violating contract terms, the staff person emails the circumstances to CCS Child Care Subsidy Unit staff. Staff may also complete Form 19MP001E, Referral Form, to report the violation to the Office of Inspector General. Examples of contract violations include, but are not limited to:

(1) discriminating against persons seeking services by charging a discriminatory rate or violating a person's rights as listed in the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973 as amended, or the Americans with Disabilities Act of 1990, as amended;

(2) failing to maintain a drug-free workplace;

(3) operating over licensed capacity;

(4) possessing a client's electronic benefit transfer (EBT) card or recording attendance for a child using the POS machine or the mobile app;

(5) knowing a client's EBT personal identification number;

(6) refusing a parent or caretaker unlimited access to the facility areas used for child care during operation hours;

(7) failing to ensure the parent or caretaker records accurate time and attendance information using the POS machine or the mobile app. When a child is approved for a blended unit type or part-time care, the parent or caretaker is only required to record attendance one time per day because the number or hours the child attends does not affect the child care provider payment amount;

(8) charging a client receiving subsidized child care more than the OKDHS rate for days and hours OKDHS authorizes;

(9) charging a client receiving subsidized child care an allowable fee when not charged to non-OKDHS participants;

(10) failing to post all the facility's rates and fees;

(11) charging or requiring a client to record attendance for days and hours outside of client's child care plan when those days and hours are a requirement the care provider imposes and are not the client's choice;

(12) failing to advise and provide OKDHS a completed copy of any collaboration or agreement the child care provider enters into within 30-calendar days of signing the collaboration or agreement. This includes agreements with Head Start, Early Head Start, public schools, or other programs receiving federal or state funding;

(13) claiming or receiving payment from OKDHS for any care hours the provider is not charging all parents because the provider receives federal or state funds for those hours. Refer to Oklahoma Administrative Code (OAC) 340:40-5-1(7) regarding collaborations;

(14) claiming child care payment for care given for any hours in an unlicensed collaborative classroom;

(15) moving the children from the agreed upon location shown in the contract and claiming for services at the other location without prior approval from CCS Child Care Subsidy Unit staff;

(16) moving the POS machine or submitting electronic claims without receiving prior approval from CCS Child Care Subsidy Unit staff, per subsection (f) of this Section;

(17) failing to inform OKDHS of a change in facility status, legal business entity, business ownership, or the responsible person at least 30-calendar days in advance of the change;

(18) failing to inform OKDHS in writing within 10-calendar days of any person who has an ownership or controlling interest in, or is an agent or managing employee of, the child care business, who was convicted of a criminal offense related to such person's involvement under Titles XVIII, XIX, or XX of the Social Security Act;

(19) failing to allow full access to the facility's premises and personnel to investigate a complaint;

(20) failing to report the new child care business income within 10-calendar days of first receipt to the child care provider's Adult and Family Services (AFS) worker when the provider receives OKDHS benefits;

(21) a home child care provider claiming payment for child care provided for an employee's child. Refer to OAC 340:40-5-1(7);

(22) a child care provider receiving subsidized child care benefits for a child and claiming payment for that child to attend a child care program in which the provider or the provider's spouse have an ownership interest. Refer to OAC 340:40-5-1(7);

(23) subcontracting services to another provider; or

(24) breaching the contract the child care provider signs with the OKDHS EBT contractor.

(i)Child care provider contract cancellation. CCS Child Care Subsidy Unit staff issues a notice to the child care provider to initiate child care contract cancellation. When CCS cancels a contract, all open child care authorizations for that provider close automatically. Contracts may be cancelled:

(1) with cause. The effective cancellation date is 10-calendar after CCS Child Care Subsidy Unit staff sends the notice. The notice contains a reference to the grounds for cancellation including the specific contract provision(s) violated; or

(2) without cause. The effective cancellation date is 30-calendar days after CCS Child Care Subsidy Unit staff sends the notice.

Okla. Admin. Code § 340:40-13-5

Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 17 Ok Reg 3583, eff 10-1-00 (emergency); Amended at 18 Ok Reg 1236, eff 5-11-01; Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 1757, eff 6-14-02; Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 2048, eff 7-1-03; Amended at 21 Ok Reg 1358, eff 7-1-04; Amended at 22 Ok Reg 1948, eff 7-1-05; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 24 Ok Reg 1027, eff 6-1-07; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 27 Ok Reg 1220, eff 6-1-10; Amended at 28 Ok Reg 831, eff 6-1-11

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 10/1/2015

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 10/1/2017

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/15/2022

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 9/15/2023

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 9/16/2024