45 CFR 98.43 - Equal access.

§ 98.43 Equal access.
(a) The Lead Agency shall certify that the payment rates for the provision of child care services under this part are sufficient to ensure equal access, for eligible families in the area served by the Lead Agency, to child care services comparable to those provided to families not eligible to receive CCDF assistance or child care assistance under any other Federal, State, or tribal programs.
(b) The Lead Agency shall provide a summary of the facts relied on to determine that its payment rates ensure equal access. At a minimum, the summary shall include facts showing:
(1) How a choice of the full range of providers, e.g., center, group, family, and in-home care, is made available;
(2) How payment rates are adequate based on a local market rate survey conducted no earlier than two years prior to the effective date of the currently approved Plan;
(3) How copayments based on a sliding fee scale are affordable, as stipulated at § 98.42.
(c) A Lead Agency may not establish different payment rates based on a family's eligibility status or circumstances.
(d) Payment rates under paragraph (a) of this section shall be consistent with the parental choice requirements in § 98.30.
(e) Nothing in this section shall be construed to create a private right of action.

Title 45 published on 2012-10-01

no entries appear in the Federal Register after this date.

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United States Code
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE

Title 45 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 45 CFR 98 after this date.

  • 2013-08-13; vol. 78 # 156 - Tuesday, August 13, 2013
    1. 78 FR 49249 - Child Care and Development Fund (CCDF) Program; Reopening of Comment Period
      GPO FDSys XML | Text
      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families
      Proposed rule; reopening of comment period.
      The comment period for the proposed rule that published May 20, 2013 (78 FR 29441), is reopened. Comments will be received through August 23, 2013. To receive consideration comments must be received no later than 11:59 p.m. E.D.T. on that date.
      45 CFR Part 98