SECTION 340:40-13-3. Child care payments and rates

(a)   The Oklahoma Department of Human Services (DHS) contracts to purchase out-of-home child care services for children only with licensed providers who:

(1)   post rates and fees;

(2)   sign and comply with all the terms of Form 08CC001E, Child Care Provider Contract;

(3)   participated in mandatory contract training; and

(4)   have access to an account at a financial institution for electronic benefit transfer (EBT) purposes.

(b)   Per Section 85.44B of Title 74 of the Oklahoma Statutes, DHS cannot make advance payments to child care providers.

(c)   The rates paid by DHS are described on DHS Appendix C-4-B, Child Care Provider Rate Schedule, and determined by:

(1)   the child's age;

(2)   the settings in which the care is provided that include:

(A)   the child's own home;

(B)   a child care center; or

(C)   a child care home;

(3)   whether the child has disabilities and the provider is approved for the special needs rate unit type. The special needs rate is added to the applicable rate a child care provider receives for a typical child of the same age after the Form 08AD006E, Certification for Special Needs Child Care Rate, Certification for Special Needs Child Care Rate for Licensed Child Care Homes and Centers, approval process is followed;

(4)   whether the care is provided full-time, over four hours per day, or part-time, four hours or fewer per day;

(5)   whether the worker approves a full-time daily, part-time daily, a combination of full-time and part-time daily, blended, or a weekly unit; and

(6)   whether the facility qualifies for a differential quality rate.

(d)   The in-home child care rate is paid for children cared for in their own homes. The in-home rate is shown on DHS Appendix C-4-B for the child's age. When a child is eligible for the severe or moderate special needs rate, this additional amount is added to the applicable in-home rate for that child.

(e)   When the child is cared for in an out-of-home child care center or home, the allowable rate is the amount shown on DHS Appendix C-4-B.

(f)   Care may only be authorized at one facility per day per child. When the client uses care at two different providers for the same day for the same child, DHS staff approves care at only one of the facilities. The parent or caretaker may use care at two different providers for the same child when care is needed on different days of the week.

(g)   Charges are authorized and payment is made only when the care provided is in accordance with the jointly developed child care plan between the client and DHS.

(h)   Age-driven rate changes are effective the first of the month following the child's birth date.

(i)   A change to add the higher special needs rate to the applicable daily rate is effective the first of the month following the month eligibility for this rate is determined.

(j)   A child care provider may be approved for a differential quality rate when he or she meets the criteria for this rate. This rate is approved effective the first of the month following the month Oklahoma Child Care Services licensing staff approves the provider for the rate. The rate is designated on DHS Appendix C-4-B by its star status.

[Source: Added at 17 Ok Reg 25, eff 10-1-99 (emergency); Added at 17 Ok Reg 1244, eff 6-1-00; Amended at 17 Ok Reg 3583, eff 10-1-00 (emergency); Amended at 18 Ok Reg 155, eff 12-1-00 (emergency); Amended at 18 Ok Reg 1236, eff 5-11-01; Amended at 19 Ok Reg 195, eff 1-01-02 (emergency); Amended at 19 Ok Reg 1757, eff 6-14-02; Amended at 20 Ok Reg 530, eff 1-1-03 (emergency); Amended at 20 Ok Reg 872, eff 6-1-03; Amended at 21 Ok Reg 1364, eff 9-1-04; Amended at 23 Ok Reg 1872, eff 7-1-06; Amended at 24 Ok Reg 1027, eff 6-1-07; Amended at 25 Ok Reg 920, eff 6-1-08; Amended at 26 Ok Reg 820, eff 6-1-09; Amended at 30 Ok Reg 655, eff 6-1-13; Amended at 34 Ok Reg 58, eff 10-1-16 (emergency); Amended at 34 Ok Reg 1481, eff 10-1-17; Amended at 37 Ok Reg 1813, eff 9-15-20]