Section V: Child Care Provider Responsibilities and AssurancesA. The Provider agrees to comply with all the requirements set forth in this Agreement. Failure to comply is grounds for termination of participation in the Child Care System and for possible further action by DHS.B. The Provider agrees to maintain a child care facility license or registration and to comply with child care licensing or registration standards. This Agreement terminates upon any final agency determination of adverse action against the facility's license. Licensure adverse action is defined as the revocation, suspension, or denial of a license or registration. The termination of this Agreement because of adverse licensing action is effective immediately upon the action being taken, and remains effective notwithstanding any appeal of the adverse action. If a facility's compliance with licensing or registration rules cannot be determined because the facility does not submit required information or does not permit reasonable access to the facility, this Agreement will be terminated upon written notification to the Provider.C. The Provider may hire a client if the Licensing Specialist verifies a second caregiver is needed and the client's children number must be less than fifty percent (50%) of the current attendance.D. The Provider agrees to accept the DHS Certificate of Authorization as authorization to provide and bill for services. The Provider agrees to accept reimbursement received from DHS as payment in full for all services, which includes transportation to and from the day care facility, covered by this Agreement except the collection of fees expressly authorized by DHS. This does not preclude reasonable charges to parents for special events outside the usual daily program costs or the application of sliding fee scales promulgated by DHS.The Provider may charge the client additional reasonable fees such as registration, insurance and materials. Any reasonable charges must be fully disclosed in a document provided to the client and DHS. The client must have adequate time to pay the charges. Adequate time for payment of the registration, insurance, or material fees should be a semester (four to five months).
The Provider agrees to waive all registration, insurance, materials and fee charges for Transitional Employment Assistance (TEA) customers WHO ARE NOT EMPLOYED but are in work activities, education or training components.
In addition, the Provider may not charge the client for absentee days over the seven days allowed.
E. The Provider agrees to allow the client unlimited access to the client's child when the child is in the facility.F.The Provider must submit a bill for actual services performed to receive payment, utilizing state approved billing methods.G. The Provider agrees that the billing for children/authorizations must be keyed to the facility where services are provided. Providers who provide services at one facilities but bill an authorization written to another facility under the Provider's TIN will be charged with an overpayment..H. The Provider agrees to submit billing within thirty (30) days of the dates the services were actually delivered to eligible clients. No exceptions will be allowed unless a previous written Wavier is obtained from the Unit Administrator. PHS is not liable for untimely billing.I. The Provider agrees that only the directors, owners, or authorized representatives will submit bills to DHS. If the Provider chooses to submit bills to DHS through the automated billing method, DHS will assign a Personal Identification Number (or PIN) to the Provider. The Provider accepts liability for all bills submitted to DHS using the PIN. This PIN is nontransferable. A change in Taxpayer Identification Number (TIN) or Facility Number will require a new PIN. The Provider should contact the local DCC Eligibility Worker or call 1-800-322 -8176 to obtain the form, DHS-9805, Provider Billing Personal Identification Number Assignment and Certification Statement.J. The Provider agrees to bill for no more than the DHS's annually published rate for the county in which the facility is located. The Provider will charge the client the portion of that rate established by DHS as the client's assessed fee as stated on the Worksheet. If the Provider's normal rate is higher than the published rate, the Provider will not charge the client the difference between the two rates. All rate changes must be given to DHS in writing. DHS has ten (10) days, from the date of receipt, in which to input new rates in the day care system. Rate changes will only affect new authorizations written after the rate change.K. The Provider agrees that private pay clients, receiving substantially the same services, shall not be charged at a rate less than that paid for by clients under this Agreement without the express, written approval of DHS.L. The Provider agrees to notify the DHS Authorized Representative (as designated by signature on the Certificate of Authorization) by telephone when a child withdraws from the Child Care Voucher Program. Notice shall be provided no later than the next working day after the child withdraws, and a written notice will be mailed by regular U. S. Postal Service the day of withdrawal. DHS does not provide pre-notification of withdrawal from the child care voucher program. The facility shall de-enroll a child immediately upon notice of withdrawal from the client or DHS representative and the Provider understands and agrees that DHS or DHS clients are not responsible for a drop period, regardless of the Provider's policy concerning a drop notice.M. The Provider agrees to follow absentee and inclement weather billing procedures for children temporarily absent from the program. (See Section IV., Paragraphs F. and G.). In cases where the client is responsible for assessed fees, the Provider is responsible for collecting the parent co-pay amount for the absentee days and inclement weather days.N. The Provider agrees to promptly correct all billing or payment errors. In addition to any other remedy which may exist in law, equity, or administrative procedures, DHS may, after proper notification, effect correction through adjustments in current and subsequent /payments to the Provider and/or other measures as necessary. Payments may be withheld until verification of attendance records. Attendance records must be presented when requested by DHS staff or authorized representatives within approximately one (1) hour of the request. DHS staff or authorized representative visits may be unannounced. O. The Provider will retain all books, records, and other documents relating to expenditures, services rendered, or individuals served under this Agreement for five (5) years from the date this Agreement expires. If an audit is pending at the end of the five year period, information shall be retained until resolution of the audit or any issues, disputes or appeals raised by or resulting from the audit. Any person authorized by DHS will have full access to these materials during this period. The Provider agrees to document and maintain attendance records for a period of five years. Attendance records must include the child's name; dates child was present or absent and signature of staff person. Attendance records must reconcile with billing records. The attached attendance form must be used. The Providers will be responsible for making additional copies of the attendance form. No exception will be allowed, except electronic attendance records as approved by DHS. If attendance records are not available, DHS will consider the payment in question to be an overpayment.
P. The Provider will maintain all client records in a confidential manner. Access to records will be made available upon request to employees or designated agents of DHS, state or federal government for audit or any other purposes connected with DHS service programs. Statistical records on expenditures charged to other funding sources will be made available by the Provider when needed to verify the Provider's cost allocation of non-duplication of payment. The Provider may require official identification prior to allowing records access. This restriction does not apply to disclosures made with the informed, written consent of the client. If the client is not an adult, the client's parent, custodian, or guardian may consent on the client's behalf. If the client is an adult, but has been declared incompetent by a probate court, the client's guardian may consent on the client's behalf.Q. The Provider agrees to have an annual audit in accordance with the "Guidelines for Financial and Compliance Audits of Programs Funded by the DHS" effective for the period of this Agreement. A copy of the "Guidelines" will be provided upon request. An audit is required: 1. If the Provider is a state or local government2. If the Provider is a non-profit institution; AND receives more than $100,000 a year in federal, state, or combined federal and state awards and/or payments.3. If fraud or a pattern of incorrect billing is suspected. Failure to submit an audit will result in the Provider losing the privilege to participate in the voucher program until the issue is resolved, and may result in the Provider's exclusion from all DHS programs. (Notice will be provided in writing with specific timeframes for submission of the audit.)
R. The Provider shall not discriminate against any employee or applicant for employment. Upon a final determination by a court or administrative body having proper jurisdiction that the Provider has violated state or federal laws and regulations, DHS may impose a range for appropriate remedies, up to and including termination of the Agreement and exclusion from all DHS programs.The provider agrees to comply with Titles VI and VII of the Civil Rights Act and to operate, manage and deliver services without regard to age, religion, disability, political affiliation, veteran status, sex, race, color or national origin.
S. The Provider agrees to comply with Executive Order 98-04 (Guidelines for Employment, Grants, Contracts, and Purchasing) by completing and returning the appropriate Disclosure Forms to the Department. Failure to make any disclosure required by Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this Agreement. Any Provider, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the DHS.T. The Provider agrees to comply with Public Law 101-121 (Anti-Lobbying Act):1. If the Provider receives more than $100,000 per award of appropriated federal funds in any Agreement period (July 1 - June 30), the Provider must certify that these funds will not be used to pay for lobbying activities by completing a Certification Regarding Lobbying Form (DHS-9350) and submitting the form to the Department.2. If the Provider has paid or will pay for lobbying using funds other than appropriated federal funds, Standard Form-LLL (Disclosure of Lobbying Activities) must be completed and submitted to the Department.The Provider (referred to as the lower tier participant in the following clause) agrees to comply with Executive Order 12549 (Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions) which states:
By signing and submitting this lower tier proposal (this Agreement), the prospective lower tier participant, as defined in 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.2. where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal.U. The Provider agrees that it will indemnify and hold harmless DHS against any and allliability, loss, damages, costs or expenses which DHS may sustain, incur or be required to pay as a result of any act or omission of the Provider.
V. The Provider agrees to notify DHS immediately of any change in ownership, facility site location, change in employer identification number or closure of the facility.W. The Provider may not delegate, assign, or subcontract the performance of any obligations contained in this Agreement.X. The Provider agrees that all facilities holding a valid license and all license categories under this ownership, whether present and future, will participate in the child care system. (See Attachment I)Y. The Provider agrees to notify and submit a new Contract and Grant Disclosure and Certification Form to DHS within ten (10) days of the beginning of employment should the owner, a member of the owner's immediate family, or an authorized representative of the facility accept employment with the State of Arkansas.Z. The Provider understands that this Agreement does not create an employer - employee relationship. The Provider agrees that it is responsible for the reporting of funds received through DHS.