ARTICLE 10 SUBSTITUTE A

Relating To Human Services -- Child Care State Subsidies

SECTION 1.  Sections 40-6.2-1.1 and 40-6.2-4 of the General Laws in Chapter 40-6.2 entitled “Child Care- State Subsidies” are hereby amended to read as follows:

40-6.2-1.1. Rates Established. - - (a) Subject to the payment limitations in section (b), the maximum reimbursement rates to be paid by the Departments of Human Services and Children, Youth and Families for licensed child care centers and certified family-child care providers shall be based on the following schedule of the 75th percentile of weekly market rates:

LICENSED                              75th  PERCENTILE            

CHILD CARE                             OF WEEKLY                 

CENTERS                                        MARKET   RATE     

                                        

INFANT                                      $182.00

PRESCHOOL                             $150.00

SCHOOL-AGE                 $135.00

 

CERTIFIED                                   75th                     

FAMILY                                    PERCENTILE  

CHILD CARE                            OF WEEKLY  

PROVIDERS                           MARKET  RATE      

                                                    

INFANT                                     $150.00

PRESCHOOL                          $150.00

SCHOOL-AGE                 $135.00

  (b) The department shall pay child care providers based on the lesser of the applicable rate specified in section (a), or the lowest rate actually charged by the provider to any of its public or private child care customers with respect to each of the rate categories, infant, preschool and school-age.

  (c) By June 30, 2004 and biennially thereafter, the Department of Labor and Training shall conduct an independent survey or certify an independent survey of the then current weekly market rates for child care in Rhode Island and shall forward such weekly market rate survey to the Department of Human Services. The Departments of Human Services and Labor and Training will jointly determine the survey criteria including, but not limited to, rate categories and sub-categories. The 75th percentile of weekly market rates in the table in subsection (a) shall be adjusted by the surveys conducted under this subsection, beginning January 1, 2006 and biennially thereafter; provided, however, that the weekly market rates in the table in subsection (a) shall be adjusted by the 2004 market rate survey beginning July 1, 2006. For the purposes of this section, and until adjusted in accordance with this subsection, the 75th percentile of weekly market rate shall mean the 2002 Department of Human Services Child Care Market Survey.

 (d) The department of human services is authorized and directed to establish rates of reimbursement for appropriate child care provided to children older than twelve (12) years of age, so as to implement the provisions of § 40- 5.1-17(b).

  (e) In order to expand the accessibility and availability of quality child care, the department of human services is authorized to establish by regulation alternative or incentive rates of reimbursement for quality enhancements, innovative or specialized child care and alternative methodologies of child care delivery, including non-traditional delivery systems and collaborations.

40-6.2-4.  Health care coverage for family day care providers. – (a) The department of human services is authorized and directed to provide health care through its RIte Care or RIte Share programs to family day care providers who provide child care services paid for by the department and who meet the eligibility requirements of this section.

(b) A family day care provider shall be eligible if:

(1)  The provider is certified as a family day care provider by the department of children, youth, and families pursuant to chapter 72.1 of title 42, and has applied for and has been found ineligible for the federally assisted RIte Care or RIte Share programs; and

(2)  The provider has rendered a minimum of one thousand eight hundred dollars ($1,800) seven thousand eight hundred dollars ($7,800) in child care services, payable by the department through any of its child care programs, during a period of six (6) consecutive months prior to making application to the department for health care coverage. and

(3) The provider’s total family annualized income does not exceed 350% of the federal poverty level.

   (c) Upon determination of eligibility by the department, the department shall enroll the provider and the provider’s minor children, who are living with the provider’s household, in the RIte Care  or the RIte Share program, as determined by the department, for the following six (6) months, and the enrolled provider and qualifying children shall be subject to the terms, conditions, limitations, and restrictions, cost-sharing, and dental benefit provisions of the RIte Care  or the RIte Share programs.

SECTION 2.  This article shall take effect on July 1, 2005.