N.H. Code Admin. R. He-C 6912.06

Current through Register No. 25, June 20, 2024

Section He-C 6912.06 - Preventive Child Care Provider Qualifications and Requirements for Enrollment

(a) To be eligible to be enrolled, a preventive child care provider shall meet the following qualifications:

(1) Meet the definition of licensed pursuant to He-C 6912.03(z);

(2) Maintain a current New Hampshire child care license, and be in good standing;

(3) Provide a copy of a New Hampshire child care license;

(4) Review and comply with the statutes regarding confidentiality, including RSA 169-B:35, RSA 169-C:25, RSA 169-D:25, RSA 170-B:23, RSA 170-C:14, and RSA 170-G:8-a;

(5) The child care provider and his or her employees shall not have a conflict of interest;

(6) Provide proof the child care provider and employees have created an account in the "NH Professional Registry" at https://nhportal.naccrraware.net/nh/;

(7) Provide a certificate of proof the child care provider and employees completed training in trauma-informed care;

(8) Review and comply with the child abuse and neglect reporting requirements of RSA 169-C:29-31; and

(9) Maintain liability insurance or provide a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b.

(b) In addition to the requirements in He-C 6912.06(a), a child care provider seeking to be enrolled shall submit to DHHS the following documentation for each child care location:

(1) A copy of the provider's current child care license issued by DHHS's child care licensing unit;

(2) A completed "State of NH Alternate W-9 Form" (October 2016);

(3) Form 1862 "Child Care Provider Enrollment" (May 2020);

(4) Form 1860 "Child Care Provider Agreement" (May 2020) agreeing:

a. To comply with all the requirements set forth in this agreement;

b. That enrollment is not finalized any payment for child care scholarship will not be made until all required paperwork is complete and required Department of Health and Human Services (DHHS monitoring visit and background checks including investigations and determinations are complete in accordance with He-C 6912 and He-C 6914;

c. To comply with all federal and state laws and regulations including, but not limited to, civil rights, equal opportunity, and non-discrimination, as well as all rules, policies, and procedures, including enrollment requirements and billing directions per He-C 6912, He-C 6914 and He-C 6918;

d. To review the definition of serious injury and report any serious injury or death that takes place in the child care setting during the hours of operation in accordance with He-C 6912 and He-C 6914;

e. To review and comply with the child abuse and neglect requirements of RSA 169-C:29-31;

f. To maintain current licenses, permits, certifications, background checks, professional development/training and other documentation as required by applicable state and federal laws;

g. To maintain liability insurance or provider a disclosure to parents that the program is uninsured pursuant to RSA 170-E:6-b;

h. To submit to monitoring requirements by DHHS per He-C 6912 and He-C 6914;

i. To comply with the minimum standards for health and safety as required by He-C 6912, He-C 6916 or He-C 6917;

j. To submit an annual report to DHHS specifying how the significant special needs differential monies were spent;

k. That signing this form does not create and employer-employee relationship;

l. That I must report any child care payment receive from the State of New Hampshire as income to DHHS when applying for or receiving any additional services or assistive programs for DHHS;

m. To report all changes to DHHS such as changes of address, email address, incorporation, or provider name and if there is a change from social security number to an employer identification number;

n. To report to DHHS if someone new moves into my home or begins working in the child care program;

o. To bill only for child care services provided in compliance with this agreement;

p. That all children under my care that are receiving child care payments from the State of NH will be provided supervision by myself and/or my employee and that I and my employee have completed all background check requirements and health and safety training according to He-C 6912 and He-C 6914 and that if I am providing care in my home, that all household members 18 years and older have completed a background check;

q. To keep daily attendance records, which include child's first and last name, arrival and departure times, and parent/guardian's full original signature or electronic signature. I understand that this information is required on the weekly attendance record to confirm the total number of hours billed for each week. I agree to provide all such records and information related to billing and/or services provided to DHHS or its agents as requested and I agree to keep attendance records for a period of 3 years;

r. That I, or my authorized representative, or my employee, will not share the unique DHHS assigned Logon and Personal Identification Number (PIN) with anyone. I understand that the DHHS assigned Logon and PIN is non-transferrable to other individuals. I agree and understand I am responsible for all child care billing invoices submitted by me, my authorized representative, and/or employee;

s. To bill DHHS weekly for services provided in the previous week;

t. That if I submit an incorrect billing invoice, I will make the required corrections and resubmit the billing invoice to DHHS within 60 days after the services were provided. I understand that billing invoices will not be paid beyond 60 days. I agree and understand billing invoices must be submitted via the web billing application. I agree to indicate on the child care billing invoice the time the child was scheduled to attend and the correct designation of Present (P), Absent (A) Closure (C), Staff Professional Development Training (T), DHHS designated Holiday (H) a DHHS authorized declared Disaster (D) as applicable;

u. The child care registration fee charged to families eligible for child care scholarship will not exceed the amount charged to a private paying family;

v. By submitting a child care invoice to DHHS for services provided, I am certifying that the information provided is true and accurate;

w. That I understand that DHHS will recover any payment made for inaccurate or fraudulent billing;

x. To notify DHHS if I believe that I have received an overpayment;

y. The decision to accept or not accept payment from DHHS as payment in full is mine and that I have the option to charge or not to charge the difference (co-payment) between the DHHS payment and my rate to the parent/guardian;

z. If my billing practices are contrary to this agreement and He-C 6912, He-C 6914 and He-C 6918, I will forfeit the right to payment and that I will not bill the parent for the cost of services that could have been paid by DHHS;

aa. That I understand if I have billed improperly, DHHS may require me to complete additional training;

ab. To keep all information concerning children and their families confidential except as otherwise allowed under law;

ac. I am responsible for payment of all required federal and state taxes accrued. DHHS will issue a Form 1099 in January of each year if total reportable payment from all state agencies equals $600 or more. Form 1099 will not be issued for nonprofit agencies or corporations;

ad. That failure to comply with the terms of this agreement is grounds for termination or disqualification of participation as a DHHS enrolled child care provider and possible further action by DHHS;

ae. If there is a founded fraudulent claim by DHHS against me, I will be disqualified from participating as a DHHS enrolled child care provider for a minimum period of 5 years;

af. If I have not billed in over one year, a child's health or safety is endangered, or if it is determined that I have fraudulently billed, DHHS will terminate my enrollment as a child care provider without advance notice; and

(5) Form 2679 "Provider Web-Billing User Account Request (November 2016).

(c) The child care provider shall complete and submit all forms and the attachments specified in this section to DHHS. The process shall not be considered complete until all of the information requested has been received, including any signatures required on such forms.

(d) The child care provider shall submit the applicable forms and documentation listed in this section by email to DCYF providerrelations@dhhs.nh.gov or mail to:

Department of Health and Human Services

DCYF Provider Relations

129 Pleasant Street

Brown Building 3rd Floor

Concord, NH 03301

(e) If there are forms or required documentation missing, DHHS shall notify the provider in writing of the items required before the enrollment can be processed.

(f) The enrollment application process shall be complete as of the date DHHS makes the determination in (a) above and sends the written notification of the provider's approval or denial of enrollment. A child care provider shall not be eligible to receive payment prior to the date indicated in the written notification.

(g) If approved, enrollment shall continue for a period of 3 years from the date on the written verification.

(h) DHHS shall assign an enrolled child care provider a unique resource identification number for each child care location to be used for child care scholarship payment.

(i) An enrolled child care provider shall notify DHHS in writing within 10 calendar days of any change in the information provided on the enrollment forms, background check or criminal history record information, except as stated in (o) below.

(j) A child care provider who has changed or obtained a new tax identification number shall report the new tax identification number to DHHS by completing and submitting an updated Form 1862, "Child Care Provider Enrollment Form" (May 2020) and an updated "State of NH Alternate W-9 Form" (October 2016).

(k) After DHHS receives the information in (i) above or forms documenting a change as required in (k) above, DHHS shall assign the provider a new resource identification number.

(l) If a child care provider has had his or her child care license under He-C 4002 denied or suspended, DHHS shall review the documentation from the DHHS child care licensing unit of the license denial or suspension.

(m) If the child care provider's license is denied or suspended, the comprehensive family support agency shall complete and submit to DHHS Form 1902 "Referral for Preventive Child Care Services" (June 2017) to close the preventive child care authorization and assist the family in locating a licensed child care provider.

(n) An enrolled child care provider shall be a vendor of child care services and shall not be considered an employee of DHHS.

(o) All enrolled child care providers of child care scholarship shall notify DHHS within 2 calendar days if the location of child care services changes.

N.H. Code Admin. R. He-C 6912.06

Derived from Volume XXXVII Number 28, Filed July 13, 2017, Proposed by #12222, Effective 7/10/2017, 7/10/2027.

Amended by Volume XL Number 27, Filed July 9, 2020, Proposed by #13064, Effective 7/1/2020, Expires 7/1/2030