A. Terminations and Denials
Revised: December
2004
WAC 388-290-0110 What
circumstances might affect my eligibility for WCCC benefits and when
might I be eligible again?
-
1. We stop your
eligibility for WCCC benefits when you do not:
-
Pay copayment fees
assessed by us and you do not make mutually acceptable
arrangements with your child care provider to pay the copayment;
-
Complete the requested
reapplication before the deadline noted in WAC 388-290-0105 (2)
(a);
-
Meet other WCCC
eligibility requirements; or
-
d. Cooperate with the quality
assurance review process or with the division of fraud
investigations.
-
You might be eligible for
WCCC again when you meet all WCCC eligibility requirements, and:
-
Back copayment fees are
paid,
-
You make mutually
acceptable payment arrangements with your child care provider; or
-
You cooperate with the
quality assurance review process or with the division of fraud
investigations.
|
|
WAC 388-290-0107 When do
I receive a denial letter?
We send you a denial letter
when you have applied for child care and you:
-
Withdraw your request;
-
Are not eligible due to
your;
-
Family composition;
-
Income; or
-
Activity.
-
Did not provide
information necessary to determine your eligibility according to WAC
388-290-0012.
|
|
WAC 388-290-0108 What
happens if I meet eligibility requirements after I receive a denial
letter?
If you turn in information
or otherwise meet eligibility requirements after we send you a denial
letter, we determine your benefit begin date by:
-
WAC 388-290-0095 if you
are TANF; or
-
WAC 388-290-0100 if you
are non-TANF.
|
|
B. Advance and Adequate
notice of
payment changes
Effective May 28, 2004
WAC 388-290-0115 When does
the WCCC program provide me with advance and adequate notice of
payment changes?
-
The WCCC program provides you with
advance and adequate notice for changes in payment when the
change results in a suspension, reduction, termination, or
forces a change in child care arrangements, except as noted in
WAC 388-290-0120.
-
"Advance and adequate
notice," means a written notice of a WCCC reduction,
suspension, or termination that is mailed at least ten days
before the date of the intended action which includes the
Washington Administrative Code (WAC) supporting the action, and
your right to request a fair hearing.
|
|
clarifying information
-
Payments made after the consumer's change in
circumstances and during the
advance notice period are
considered overpayments if the consumer is not eligible.
See
Overpayments.
-
Reductions in payments can include situations
such as the copayment increasing, authorized care being reduced from
full to part-time, or a child’s ineligibility. These situations can
occur during an authorization period or at
reapplication. Advance
and adequate notice to the client of a reduction in benefits at
reapplication is not necessary. However, a reduction in benefits
during the eligibility period requires specific notification to the
client. Those steps are outlined in the following worker
responsibility section.
-
The WAC 388-290-0115 for advance and adequate
notice does not apply to child care providers. However, every
attempt should be made to notify the provider in advance of
the termination or reduction of services. The provider will
receive advance notice at reapplication when the DSHS 14-430A Child Care End Date Reminder
is sent automatically through WCAP. A Social
Service Notice is sent to the payee (licensed provider or consumer for
in-home/relative care) when service lines on the SSPS authorization
are closed, terminated, or changed. The provider will again receive
advance notice when changes are made immediately to the SSPS
authorization.
worker responsibilities
-
Terminate WCCC benefits when:
-
The circumstances in WAC
388-290-0110 apply, or
-
The consumer:
-
Moves to another state, or;
-
Requests termination.
-
When terminating or reducing
WCCC benefits:
-
Notify the consumer at least
ten days in advance per WAC 388-290-0120. Use the DSHS Form 15-247 WCCC
Denial/ Termination Notice. Include the appropriate WAC reference for the
termination if it is not already on the form.
-
Inform the consumer about other
child care subsidy programs.
-
Give the child care provider
advance notice whenever possible. Although it is not required, advanced notice
fosters good working relationships with
the provider.
-
Using correct dates per
policy, close/terminate/change the
SSPS authorization lines of service the same day the client is notified of the
action.
This action will cause a Social Services Notice to be sent to the payee
(licensed provider or consumer for in-home/relative care) and will
alert the payee of the termination or change in services.
-
Document your actions in the
WCCC case notes.
Example 1
On 6/8, a provider reports that her last day of
service to a client was 5/31. The AW is unable to verify the client’s need
for ongoing care. A termination notice is sent with an end date of 6/18 to
allow for advance and adequate notice. Remind the provider they should
bill zero for June since they reported care was last used 5/31. Following is an example of how to
write up the termination notice for this type of situation.
|
EXAMPLE 2
On 7/15 the worker discovers and verifies that a
consumer last worked on 5/25. Applying the advance and adequate notice
rule, a termination letter is sent to the consumer with an effective
date of 7/25. The worker immediately retrieves the current
authorization and terminates all the open lines of service with an
effective date of 7/25. The worker calls the provider with courtesy
notification of termination.
In this example, the July invoice has not been
sent and payment could technically be stopped. However, retroactive
termination of the child care is not correct procedure and should not
be done. |
Effective May 28, 2004
WAC 388-290-0120 When doesn't
advance and adequate notice of payment changes apply to me?
We do not give you advance and adequate notice in the following
circumstances:
-
You tell us you no longer want
WCCC;
-
Your whereabouts are unknown to us;
-
You are receiving duplicate child care
benefits;
-
Your current eligibility period is
scheduled to end;
-
Your new eligibility period results in
a change in child care benefits;
-
The location where child care occurs
does not meet requirements under WAC 388-290-0130(2); or
-
We determine your in-home/relative
provider:
-
Is not of suitable character and
competence;
-
May cause a risk of harm to your
children based on the provider's physical or mental health;
or
-
Has been convicted of, or has
charges pending for crimes posted on the DSHS secretary’s
list of permanently disqualifying convictions for ESA. You
can find the complete list at
http://www1.dshs.wa.gov/esa/dccel.
|
|
clarifying information
-
Advance and adequate notice is not required
when:
-
The department has received a written or
verbal statement from the consumer that they no longer want
or need benefits. Verbal notification should be well
documented in the case notes. Be sure to confirm with the
provider when the consumer last used care.
-
Department mail to the consumer has been
returned by the Post Office indicating no known forwarding
address;
-
The consumer is receiving child care
assistance in another catchment area or another state.
-
When a case is up for reapplication, the consumer
will receive the DSHS 14-430 Reapplication Letter which serves as a
reminder that the child care authorization is scheduled to
end on a specific date. There is no need to send a 10-day termination
notice to the consumer, per WAC 388-290-0120 (4) above.
EXAMPLE
A consumer is authorized for care from 1/1-5/31. On 5/25, the AW
discovers the client became ineligible for WCCC on 4/25. There are not
enough days between 5/25 and 5/31(the scheduled eligibility end date)
to give 10-day advance notice. The AW sends a termination notice with
5/31 as the termination date and does not extend the eligibility
period to include the full 10-day advance notice period. |
For a more complete description of advance and adequate notice, refer
to EA-Z Manual (Letters, and Change of Circumstances).
|