8 Colo. Code Regs. § 1403-1-3.130

Current through Register Vol. 48, No. 1, January 10, 2025

Section 8 CCR 1403-1-3.130 - CHILD CARE PROVIDER REIMBURSEMENT RATES

The counties shall implement the state-established licensed child care provider base payment rates for each county on July first every year. In addition to establishing licensed child care provider base payment rates, the Department will establish tiered reimbursement rates based on quality levels for licensed child care providers that enroll children participating in CCCAP.

A. Payment rates shall be defined utilizing the Department established, system supported age bands.

B. Rate types are selected by child care provider type (licensed family child care home, licensed child care center, and qualified exempt child care providers). The Department has established rate type definitions to be used by all counties and deviation from the rate definitions shall not be permitted.

C. Payments shall be made in part time/full time daily rates.

1. Part-time is defined as zero (0) hours, zero (0) minutes, and one (1) second through five (5) hours, zero (0) minutes, and zero (0) seconds per day. Part time is paid at fifty-five percent (55%) of the full time rate.

2. Full time is defined as five (5) hours, zero (0) minutes, and one (1) second through twelve (12) hours, zero (0) minutes, and zero (0) seconds.

3. Full-time/part time is defined as twelve (12) hours, zero (0) minutes, one (1) second through seventeen (17) hours, zero (0) minutes, zero (0) seconds of care.

4. Full time/full time is defined as seventeen (17) hours, zero (0) minutes, one (1) second through twenty-four (24) hours, zero (0) minutes, zero (0) seconds of care.

5. Counties may set rates for alternative care as defined by the county and reported in the county plan, which can be found on the Colorado Department of Early Childhood website at https://cdec.colorado.gov/colorado-child-care-assistance-program-for-families.

D. Counties must not set qualified exempt child care provider rates such that they inhibit or deter providers from becoming licensed.

E. Absences and Holidays.

1. Effective August 1, 2021, until June 30, 2022, counties shall reimburse licensed child care providers for absences based on the following schedule:

a. No fewer than six (6) absences per month if they are in levels one (1) or two (2) of the Department's quality rating and improvement system.

b. No fewer than seven (7) absences per month if they are in levels three (3), four (4), or five (5) of the Department's quality rating and improvement system.

c. No fewer than six (6) absences per month if they are a school age child care program that does not have a quality rating through the Department's quality rating and improvement system.

2. Effective July 1, 2022, counties shall reimburse licensed child care providers for absences based on the following schedule:

a. No fewer than three (3) absences per month if they are in levels one (1) or two (2) of the Department's quality rating and improvement system.

b. No fewer than four (4) absences per month if they are in levels three (3), four (4), or five (5) of the Department's quality rating and improvement system.

c. No fewer than three (3) absences per month if they are a school age child care program that does not have a quality rating through the Department's quality rating and improvement system.

3. Counties may pay licensed child care providers for holidays in accordance with the policy set by the county and approved by the Department.

4. Counties may adopt a policy allowing the use of hold slots to address payments for unattended authorized care that is in addition to absences, holidays, and school breaks to hold a child's space with a provider when the child is not in care.

F. Counties may adopt a policy to pay for drop in days in addition to regularly authorized care.

G. Bonus Payments

Counties shall not at any time use federal Child Care Development Block Grant Funds (CCDBG), or state General Funds, for the payment of bonuses to child care providers serving children in the CCCAP program. A county shall not use CCDBG or state General Funds to retroactively increase the daily rate paid to child care providers and issue a payment to child care providers based on that retroactive calculation.

H. Child care providers who contend that the county has not made payment for care provided under CCCAP in compliance with these rules may request an informal conference with staff, the appropriate supervisor, the county director or the director's designee, and, if requested by the child care provider(s), state program staff. Any request for a conference shall be submitted in writing within fifteen (15) calendar-days of the date of the action. The county shall hold that conference within two (2) weeks of the date of the request. The county shall provide written notice of its final decision within fifteen (15) business days of the conference. The purpose of the conference shall be limited to discussion of the payments in dispute and the relevant rules regarding payment.

8 CCR 1403-1-3.130

46 CR 21, November 10, 2023, effective 10/1/2023, exp. 1/27/2024 (Emergency)

46 CR 22, November 25, 2023, effective 12/15/2023

47 CR 13, July 10, 2024, effective 7/30/2024