392 Neb. Admin. Code, ch. 4, § 002

Current through September 17, 2024

Section 392-4-002 - PROVIDER ENROLLMENT STANDARDS

Before furnishing any service, each provider must sign an enrollment form agreeing:

(A) No payments will be made for child care provided to a child before the service authorization date;

(B) To provide service only as authorized, in accordance with the Department's standards;

(C) To submit a claim for payment after service is provided and within 90 days;

(D) To accept Child Care Subsidy reimbursement as payment in full for the contracted service(s) unless service is authorized on a sliding fee basis;

(E) To accept a rate which is reasonable, necessary, and does not exceed the amount charged to private-paying persons;

(F) To apply to Child Care Subsidy clients the same standards applied to private-paying persons;

(G) To retain authorizations, billing documents, and attendance records for four years to support and document all claims;

(H) To allow federal, state, or local officials responsible for program administration or audit to review service records;

(I) To permit federal, state, or local officials to monitor and evaluate the program by means such as inspecting the facility, observing service delivery, and interviewing staff members;

(J) To keep current any state or local license required for service provision and maintain all licensing standards;

(K) To respect every client's right to confidentiality and safeguard confidential information;

(L) To not discriminate against any employee, applicant for employment, or social services program participant or applicant because of race, color, religion, sex, disability, or national origin;

(M) To not assign or transfer the enrollment to anyone else;

(N) To understand and accept responsibility for the child's safety and property;

(O) To continue to meet all standards pertaining to the service provided;

(P) To operate a drug-free workplace;

(Q) To notify the Department if a child(ren) does not attend the child care for more than three consecutive days when the child's absence is not reported to the provider;

(R) To prohibit smoking within any part of an indoor child care facility. If care is provided in the provider's or the child's home, smoking is prohibited when a recipient's child is present in any part of the home; and

(S) To allow background checks on themselves, staff, or a household member, if appropriate, or if an agency, agree to allow the Department to review agency policies regarding hiring and reporting to ensure that appropriate procedures regarding abuse, neglect, and law violations are in place.

002.01PROVIDER AGE QUALIFICATIONS. A provider must be at least 19 years old.

002.02SOCIAL SECURITY TAX WITHHOLDING. In some situations, the Department withholds Social Security taxes from in-home provider payments. Individual in-home service providers are considered employees of the client for whom they provide service. The Department, upon receiving a document that appoints the client as agent for the provider, acts on behalf of these clients to withhold mandatory taxes from the provider and pay the client's matching tax share to the Internal Revenue Services. The Department does not withhold federal or state income tax or federal unemployment insurance tax from any provider payment.

002.03 PROVIDER RELEASE OF INFORMATION AND STATEMENT OF CRIMINAL HISTORY. Individual providers must sign a release of information and statement, identifying any felony or misdemeanor convictions and pending criminal charges. This statement must include complete details, dates, and disposition. If the provider will be providing services in the provider's home, the provider must also provide this information for all household members. Providing incomplete or inaccurate information may result in the provider being denied participation or terminated from the program.

002.03(A)GENERAL CRIMINAL HISTORY. All potential and current child care providers must undergo criminal history checks.

002.03(A)(i)BACKGROUND CHECKS. To participate in the child care subsidy program all individuals, facility owners, directors and staff, and household members age 13 and older, if care is provided in the provider's home must submit to a background check including the following:

(1) A search of the following registries, repositories, or databases in the State of Nebraska plus each State where the individual has resided during the preceding five years;

(a) State criminal registry or repository;

(b) State sex offender registry; and

(c) Child and Adult Abuse and Neglect Central Registry.

002.03(A)(ii)SPECIAL CRIMINAL HISTORY. Child care provider enrollment will be revoked or application denied when the child care provider, staff member, or household member has a conviction in any of the following areas:

(1) Child pornography;

(2) Child or adult abuse or endangerment;

(3) Driving under the influence: two or more driving under the influence charges are pending, or convictions have occurred within the last five years, or two of any combinations of driving under the influence charges pending or convictions occurred within the last five years;

(4) Domestic abuse or assault, including spousal abuse;

(5) Shoplifting after age 19 and within the last three years;

(6) Felony fraud within the last 10 years;

(7) Misdemeanor fraud within the last five years;

(8) Termination of provider status for cause from any Department program or Child and Adult Care Food Program within the last 10 years;

(9) Possession of any controlled substance within the last five years;

(10) Possession of a controlled substance with intent to deliver within the last 10 years;

(11) Manufacture of any controlled substance within the last 10 years;

(12) Assault or battery with or without a weapon;

(13) Prostitution or solicitation of prostitution within the last five years;

(14) Felony or misdemeanor robbery or burglary within the last 10 years;

(15) Rape or sexual assault;

(16) Murder, including manslaughter;

(17) Is a registered, or is required to be registered on a State or National Sex Offender Registry or repository;

(18) Any crime against a child;

(19) Kidnapping;

(20) Animal cruelty, abuse, or neglect;

(21) Arson; or

(22) Any other crimes jeopardizing the safety of a child or vulnerable adult.

002.03(A)(iii)ADDITIONAL CRIMES. Child care provider enrollment will be revoked or application denied when the child care provider, staff member, or household member has a conviction or pending charges for crimes including, crimes against a child or vulnerable adult, crimes involving intentional bodily harm, crimes involving the illegal use of a controlled substance, or crimes involving moral turpitude.

002.04LIMIT ON HOURS OF ASSISTANCE. There are weekly and daily limits on the hours of child care subsidy that will be approved.

002.04(A)WEEKLY LIMIT. A provider is limited to bill a maximum of 60 hours of Child Care Subsidy per week. A week is defined as the seven day period from Sunday through Saturday.

002.04(B)DAILY LIMIT. A provider may bill a maximum of 18 hours of subsidized care in a 24 hour period. This must comply with the 60-hour a week limit.

002.05AGENCY DECISION TO APPROVE A PROVIDER. In determining whether to approve or disenroll a provider, the Department, in its sole discretion, determines whether a provider meets the necessary standards. No provider has a right to approval with the Department. The Department may deny or disenroll a provider for any reason.

002.06PROVIDER APPEAL LIMIT. Child care providers do not have the right to appeal Department decisions, except when an overpayment has been assessed or denial of enrollment due to background check findings.

002.06(A)APPEAL. If the provider disagrees with the Department's determination, the provider has 30 days from the date of mailing to appeal.

392 Neb. Admin. Code, ch. 4, § 002

Amended effective 9/15/2020