Haw. Code R. § 17-798.3-18 - Re-determination of eligibility and payment amount

(a) Eligibility and payment amounts shall be reviewed at the end of every eligibility period.

(1) The family unit shall submit a completed simplified report form including the verifying documentation required to determine the continued eligibility of the caretaker, child and provider.

(A) The completed simplified report form must be received by the department by the due date printed on the simplified report form.

(B) A simplified report form shall be considered incomplete when:

(i) It is not initialed and signed by the caretaker,

(ii) It omits information and documentation including, but not limited to, pay stubs, employment, training or education schedule, and child care receipts, that are necessary for the department to determine the family unit's eligibility, or to compute the family unit's child care payment amount; or

(iii) In situations where the caretaker is experiencing homelessness and is unable to provide verification for eligibility requirements other than sections 17-798.3-9(d) and 17-798.3-9(c), the caretaker may be presumptively eligible for child care payments for a period of two months while the caretaker secures the verification for the eligibility requirements, provided that the caretaker submits self-certification meeting the requirements for 17-798.3-9(b)(1) through (5). The verification submitted within the two months shall demonstrate eligibility requirements for 17-798.3-9(b)(1) through (5) from month of re-determination or start of child care, whichever is later.

(C) If the caretaker fails to submit a simplified report form by the due date noted on the simplified report form, or submits an incomplete form, the department shall provide a timely and adequate notice in accordance with section 17-798.3-20 that allows the caretaker an extended filing period.

(i) When the caretaker submits a completed simplified report form within the extended filing period, child care payments shall be provided not later than ten days after the caretaker's normal benefits issuance date.

(ii) When the caretaker submits a completed simplified report form after the extended filing period, but before the end of the report month, child care payments shall be provided not later than thirty days after the receipt of the simplified report form.

(iii) When the extended filing period ends, and the simplified report form is not received by the department, or is received but is still incomplete, the department shall issue a notice that confirms the termination of child care payments.

(2) The department shall require the caretaker to provide information on the simplified report form that shall include, but is not limited to, those items listed in paragraphs 17-798.3-17(a)(1) through (10), as well as activity hours; and

(3) Child care payments shall only be authorized for the next twelve months provided the caretaker has submitted the completed simplified report form and the required documentation to establish eligibility.

(b) Re-determination of eligibility shall include determination that an exempt provider conducting home-based child care, including in-home care, meets the requirements of section 17-798.3-9(c) and subchapters 3, 4, and 5:

(1) Has current background checks and the results indicate the person does not pose a risk to children in care, in accordance with chapter 17-801;

(2) Completed annual training, pursuant to sections 17-798.3-51(c) (7) (B) and (C); and

(3) Completed monitoring inspection visits at least annually, pursuant to section 17-798.3-51(c)(8).

(c) At redetermination, when a caretaker reports a change in the status of the eligible activities from working, or participating in a training or education program, the department shall allow up to three months for the caretaker to resume working, or to attend an education or training program. If the caretaker does not resume an eligible activity within three months from the date of the loss of the eligible activity, child care payments shall be terminated in accordance with section 17-798.3-19.

(d) The department shall take action on any other reported changes that are verified to affect eligibility or payment amounts, in addition to those required under subsections (a) through(c) and sections 17-798.3-17 and 17-798.3-51, after timely and adequate notice. The department shall take action on the reported changes and calculate payments for the balance of the eligibility period as follows:

(1) Changes that are reported within ten calendar days of the occurrence, that result in a higher payment, shall be implemented in the first month following the month in which the change was reported;

(2) Changes that are reported after ten calendar days of the occurrence, and result in a higher payment, shall be implemented in the second month following the month in which the change was reported; and

(3) Changes that are reported that result in a lower payment, due to a lower cost of care or selection of a child care type that has a lower maximum payment rate, shall be implemented in the first month following the month in which the change was reported, and the department shall recover any overpayments from the date of the occurrence.

(e) When a child turns two years old, kindergarten eligible, or thirteen years old, the child care payments may continue for the duration of the existing eligibility period; provided that no changes have occurred for the eligible child the child care provider, cost of child care, child care type, or address where care is being provided.

(f) Child care payments shall not be authorized for the chosen exempt child care provider until the requirements of section 17-798.3-9(c) and subchapters 3, 4 and 5 are met.

(g) At redetermination when a caretaker reports a change in the selected child care provider, the departments shall follow section 17-798.3-9(d).

Notes

Haw. Code R. § 17-798.3-18

[Eff 8/6/2021] (Auth: HRS § 346-14) (Imp: HRS § 346-14)