40 Tex. Admin. Code § 809.92 - Provider Responsibilities and Reporting Requirements
(a) A Board shall ensure that providers are
given written notice of and agree to their responsibilities, reporting
requirements, and requirements for payment under this subchapter prior to
enrolling a child.
(b) Providers
shall:
(1) be responsible for collecting the
parent share of cost as assessed under §
809.19 of this chapter before
child care services are delivered;
(2) be responsible for collecting other child
care funds received by the parent as described in §
809.21 of this chapter;
(3) report to the Board or the Board's child
care contractor instances in which the parent fails to pay the parent share of
cost; and
(4) follow attendance
reporting and tracking procedures required by the Commission under §
809.95 of this chapter, the Board,
or, if applicable, the Board's child care contractor.
(c) Providers shall not charge more than the
Board's payment rate as determined under §
809.21 of this chapter to parents:
(1) who are exempt from the parent share of
cost assessment under §
809.19 of this chapter;
(2) whose parent share of cost is calculated
to be zero pursuant to §
809.19 of this chapter;
or
(3) parents in Child Care during
Initial Job Search under §
809.56 of this chapter during the
initial three-month period.
(d) A Board may develop a policy that allows
providers to charge parents more than the assessed parent share of cost in
instances where the provider's published rate exceeds the Board's payment rate
(including the assessed parent share of cost) to all parents not included in
subsection (c) of this section.
(e)
For Boards that allow providers to charge additional amounts pursuant to
subsection (d) of this section, the Board must ensure the provider reports to
the Board each month:
(1) the specific
families that were charged an additional amount above the assessed
amount;
(2) the frequency with
which each family was charged; and
(3) the amount of each additional
charge.
(f) Boards that
develop a policy under subsection (d) of this section must:
(1) provide the rationale for the Board's
policy to allow providers to charge families additional amounts above the
required copayment, including a demonstration of how the policy promotes
affordability and access for families; and
(2) describe the Board's analysis of the
interaction between the additional amounts charged to families with the
required parent share of cost and the ability of current payment rates to
provide access to care without additional fees.
(g) Providers shall not deny a child care
referral based on the parent's income status, receipt of public assistance, or
the child's protective service status.
(h) Providers shall not charge fees to a
parent receiving child care subsidies that are not charged to a parent who is
not receiving subsidies.
Notes
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