40 Tex. Admin. Code § 809.20 - Maximum Provider Payment Rates
(a) Based on
local factors, including a market rate survey provided by the Commission, a
Board shall establish maximum provider payment rates for child care subsidies
at or above a level established by the Commission to ensure that the rates
provide equal access to child care in the local market and in a manner
consistent with state and federal statutes and regulations governing child
care. At a minimum, Boards shall establish provider payment rates for full-day
and part-day units of service, as described in §
809.93(f) of
this chapter, for the following:
(1) Provider
types:
(A) Licensed child care centers,
including before- or after-school programs and school-age programs, as defined
by CCR;
(B) Licensed child care
homes as defined by CCR;
(C)
Registered child care homes as defined by CCR; and
(D) Relative child care providers as defined
in §
809.2 of this chapter.
(2) Age groups in each provider
type:
(A) Infants ages 0 through 11
months;
(B) Infants ages 12 through
17 months;
(C) Toddlers ages 18
through 23 months;
(D) Toddlers age
2 years;
(E) Preschool age 3
years;
(F) Preschool age 4
years;
(G) Preschool age 5 years;
and
(H) School-age 6 years and
older.
(b) A
Board shall establish enhanced payment rates:
(1) for all age groups at certified Texas
Rising Star provider facilities; and
(2) only for infant, toddler, and
preschool-age children at child care providers that participate in integrated
school readiness models for those age groups pursuant to Texas Education Code
§
29.160.
(c) The minimum enhanced payment
rates established under subsection (b) of this section shall be greater than
the maximum rate established for providers not meeting the requirements of
subsection (b) of this section for the same category of care up to, but not to
exceed, the provider's published rate. The maximum rate must be at least:
(1) 5 percent greater for a:
(A) certified Two-Star Provider; or
(B) child care provider meeting the
requirements of subsection (b)(2) of this section;
(2) 7 percent greater for a certified
Three-Star Provider; and
(3) 9
percent greater for a certified Four-Star Provider.
(d) Boards may establish a higher enhanced
payment rate than those specified in subsection (c) of this section for
certified Texas Rising Star providers, as long as there is a minimum 2
percentage point difference between each star level.
(e) A Board or its child care contractor
shall ensure that providers that are paid for additional staff or equipment
needed to assist in the care of a child with disabilities are paid a rate up to
190 percent of the provider's payment rate for a child of that same age. The
higher rate shall take into consideration the estimated cost of the additional
staff or equipment needed by a child with disabilities. The Board shall ensure
that a professional, who is familiar with assessing the needs of children with
disabilities, certifies the need for the higher payment rate described in this
subsection.
(f) The Board shall
determine whether to pay providers that offer transportation as long as the
combined total of the provider's published rate, plus the transportation rate,
is subject to the maximum payment rate established in subsection (a) of this
section.
(g) A Board may establish
a higher enhanced payment rate for nontraditional hours, as defined by the
Board.
Notes
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