EEC REGULATION REFORM –
Subsidy Revisions and Final Draft
April 10, 2012
Board Presentation
1
Why Amend the EEC Subsidy Regulations?

2
2
Factors contributing to the need to review and amend the
Regulations include:

Identifying and Implementing Best Practices
•
Review regulations every 5 years (last updated in 2006)
•
Analyze other State child care subsidy laws and policies
•
Address unique challenges/weaknesses identified due to recent
fiscal constraints/system restructuring (e.g., closure/limited
access to EEC financial assistance, CPC transition, Voucher
Reassessment)

Targeting/maximizing limited resources

Addressing user feedback/achieving efficiencies

Addressing Federal & State Oversight concerns
•
Reduce opportunities for Fraud, Waste and Abuse
•
Address Improper Authorizations for Payment (IAP) results
•
Respond to ACF regarding EEC’s State Plan
•
Align with ANF Task Force established to review MA public
assistance programs
•
Ensure Program Integrity
Technical Regulatory Changes
To ensure compliance with current laws/policies and aid in the
interpretation and enforcement of the regulations
3
•
Family Size and Household Composition (codifies existing practice)
o
Clarifies verification of household members necessary for
purposes of determining eligibility and establishing parent fees.
•
Data Sharing/Interfaces Authorization (new)
o
Authorizes EEC to request and/or provide information to/from
other government agencies, contracted providers, other states
and financial institutions for purposes of verifying eligibility.
•
Additional Documentation (codifies existing practice)
o
Authorizes providers and/or CCR&Rs to request additional
documentation, if file indicates application inaccuracies/
contradictions.
•
Travel Time (codifies existing practice)
o
Requires applicants to present a minimum of 20 hours of service
need before allowing travel time to be factored in.
Technical Regulatory Changes (cont’d)
4
•
Termination and Reduction of Services (amends current regulations)
o
Updates reasons for subsidy denial, reduction or termination to
include submission of false or misleading information and/or
documentation.
•
Review Process (codifies existing practice)
o
Clarifies scope of review.
o
Allows for termination of continued subsidized child care when it
is determined that there is no genuine issue of material fact as
presented by the parent in the Request for Review.
o
Clarifies the duties and expectations of the parties during the
EEC Review Process, including the contents of the record.
o
Allows Review Officer to make a decision within 30 days or “as
promptly as administratively feasible” to align with that of
Hearing Officer and the Standard Adjudicatory Rules of Practice
and Procedure (801 CMR 1.02) in recognition of number of
reviews received.
o
Allows for dismissal of a request for informal hearing when
parent fails to prosecute his/her claim.
Substantive Regulatory Changes
5
•
Identity, Residency & Citizenship Status
o
Requires verification of applicant’s identity and residency, as well as
the citizenship/immigration status of each child seeking assistance.
•
Child Support Enforcement Requirement
o
Requires single parent applicants to submit evidence of child support
and/or cooperation with the Commonwealth’s Child Support
Enforcement agency, as a condition of eligibility.
•
Child Attendance/Reimbursement Requirements
o
Requires children to regularly attend early education and care
programs subsidized by the Commonwealth or risk termination
and/or non-reimbursement.
•
Limitations on Self-Employment
o
Imposes restrictions on certain work-related service need activities,
in particular, “at home” self-employment
o
Changes methodology for calculating service need – total earnings
divided by minimum wage to establish amount of care needed.
•
Special Needs (Protective Services)
o
New definition of protective services to include parents and children
with documented disability and/or special need; limits authorization
period.
o
Eliminates child with special need as a single service need.
Formal and Post-Formal Public Comment Period
o Formal public comment on the proposed amendments began on
September 21st and ended October 21, 2011 with 6 public comment
hearings conducted throughout the state. Approximately 150
individuals attended and over 50 individuals testified. Additionally,
EEC received 42 written comments.
o Post-closure of the formal public comment period, EEC analyzed
and compiled the comments and suggestions.
o On November 2, 2011, EEC staff held formal meetings with the
Governor’s Council to Address Sexual Assault and Domestic Violence,
as well as representatives from legal advocacy group, including
Greater Boston Legal Services (GBLS) and the Massachusetts Law
Reform Institute (MLRI). On December 20th, EEC staff met again with
GBLS and MLRI to discuss their remaining concerns.
o EEC continued discussions on the proposed amendments with the
Procedures Working Team and other Executive Agencies, including the
Department of Revenue’s Child Support Enforcement Division.
6
Summary of Common Themes
from Public Comment Received by EEC
Strong Opposition to the following topics:





7
Imposition of a Child Support Requirement on Single Parents
• Impact on families experiencing domestic violence
• Complexities and dangers of Family & Probate Court System
Approved Activity - Seeking Paid Employment
• Prioritize care to parents who lose their jobs and care but have a
qualifying service need in the following 12 months
Combining Service Need Activities - Limitations
• Parents should be allowed to combine service need activities of
seeking paid employment and special need of parent with other
approved activities
Changes related to Special Needs Families
• Time limits imposed on special need/disabled parents
• Removal of the single service need for children with special
needs/disabilities by requiring parents to work/educate/train
Verification of Citizenship/Immigration Status
• Undocumented children are part of our communities and should not
be denied access to early education programs
Summary of Common Themes (cont’d)
Strong Opposition (cont’d):
Home-Based Self-Employment Restrictions
• Potential impact on Family Child Care programs
• Potential impact on school-aged children, especially during vacations
and holidays
 Hours of Education or Training for Service Need
• Does not allow part time college students or others participating in
education/training programs to count out of class time towards their
service need.
 Review Process
• Regulations should not allow EEC to terminate child care services
because parent violated policy of a provider or CCR&R
• Should not be a prohibition on challenging EEC policy; should be
specified time for a decision on review or appeal

Support or Understanding for the following topics:


8
Child Absences provided that EEC Systems monitor/track absence data
Inclusion of Homeless Child Care Program, but sought clarification on
HomeBASE
Child Support Enforcement Requirement
PROPOSAL:
Requires single parent
applicants to submit
evidence of child support
and/or cooperation with
the Commonwealth’s
Child Support
Enforcement agency, as
a condition of eligibility
9
COMMENT(S):
Negative Impact on
families experiencing
domestic violence;
Complexities and
dangers of Family &
Probate Court System
DECISION:
Delete Proposed
Requirement; Data
matching with EOHHS
agencies will meet the
underlying purpose of
verifying household
composition
Parent with Disabilities/Special Needs
DECISION:
PROPOSAL:
Families with documented
protective service needs
based on physical or
mental disability of parent
may receive authorization
for one year and
renewable once
10
COMMENT(S):
Limiting renewals/time
limitations inappropriate
particularly for those with
chronic disabilities
Language Changed;
Removed “documented
protective service need”
and extended
authorization period to 2
years with allowance for
extensions approved by
EEC for chronic cases
Children with Disabilities/Special Needs
11
PROPOSAL:
COMMENT(S):
Children with documented
special need may be
eligible for full time or part
time care, provided that
parent establishes at least
a part time service need
Removal of the single
service need for children
with special
needs/disabilities will
result in terminations of
children with high needs
DECISION:
Requirement
Remains; regulations
now align with federal
regulations that parents
need to participate in
work, education or
training.
Citizenship or Immigration Status
Requirement for Children
PROPOSAL:
Requires verification of
applicant’s identity and
residency, as well as the
citizenship or immigration
status of each child
seeking child care financial
assistance.
12
COMMENT(S):
Undocumented children
are part of our
communities and should
not be denied access to
early education programs
DECISION:
Requirement
Remains; EEC’s
regulations will now
comply with the federal
citizenship and
immigration requirements
imposed by ACF
Limitations on Self-Employment
13
PROPOSAL:
COMMENT(S):
Self-employment shall not
qualify as an approved
activity unless child is 6 or
under, or up to 13 if special
needs and work is clear and
present danger to children or
consists of face-to-face
meetings with clients
Hardship on families with
school-aged children and
hardship to parents
engaged in legitimate
home-based employment,
such as writing/data
processing
DECISION:
Language Changed;
Regulation amended to
remove restriction on selfemployed based on the
age of the children
seeking subsidy.
Child Attendance - Absences
PROPOSAL:
Requires children to
regularly attend early
education and care
programs subsidized by
the Commonwealth or risk
termination by limiting
absences to 30 per 6
months
14
COMMENT(S):
Recognize impact of billing
for excessive absences
BUT requested assurances
that attendance tracking
be automated, as opposed
to current manual system
CLARIFICATION:
EEC’s current Child Care
Financial Assistance
Project will include an
automated attendance
component to allow for
more accurate tracking
and attendance
monitoring.
Education or Training as Service Need
15
EXISTING:
COMMENT(S):
CLARIFICATION:
Requires parents to
participate in 12 credit
hours or more to be
considered for a full-time
service need; those with
less than 12 may qualify
for part time.
Does not allow part time
college students or others
participating in
education/training
programs to count out-ofclass time towards their
service need.
Added that parents
participating in less than
12 credit hours of
college coursework will
have actual credit hours
multiplied by 2.5 to
establish service need.
Homeless Child Care Services Program
PROPOSAL:
Establishes subsidy
process that available to
children experiencing
homelessness or at risk of
homelessness, including
eligibility and enrollment
16
COMMENT(S):
CLARIFICATION:
Unclear if involvement in
DHCD’s HomeBASE
program is included;
express language
related to “continuity of
care” should be included
Added “participation in
either a homeless
stabilization or diversion
program” and included
provision for Continuity of
Care if meet income
eligibility criteria
Denial, Reduction and/or Termination of Services
and the Review Process
PROPOSAL:
Clarifies reasons for actions taken against subsidy
recipients and requirements for due process; establishes
duties and expectations of parties during appeals
COMMENT(S):
Regulation amendments infringe upon due process rights of families:
(1) prohibition against challenging EEC policy should be removed;
(2) regulations should not allow EEC to terminate child care services
because the parent may have violated a policy of the CCR&R or
educator;
(3) Review and/or hearing officer should not have unspecified time to
decide the case (DTA requires a decision in 45 days in application
denial cases and 90 days in most other cases)
CLARIFICATION:
Modified existing language to strike a balance between due process and
establishing responsibilities and expectations of parties during appeal
process:
(1) Removed prohibition against challenging EEC policy;
(2) Kept existing language allowing termination based upon violation
of CCR&R or educator policy;
(3) Kept language that review/hearing officer has 30 days or as
promptly as administratively feasible to align with 801 CMR 1.02
17
Regulation Promulgation Timeline
18
Tasks
Date
Board votes to approve regulations and promulgate
4/10/2012
Submit approved regulations to Joint Committee on
Education, House and Senate
Start date of 4/11/02
File final regulations in Secretary of State Register
Not less than 60 days
following submission
to Education, House
and Senate
Develop training module for CCR&Rs and early education
and care providers (module and training materials to be
finalized and incorporated into new Child Care Financial
Assistance system training)
April 2012 and
ongoing; training
throughout June
2012 with roll-out of
7/1/2012
Revise EEC Financial Assistance Policy Guide to reflect
regulation changes. Prepare technical assistance papers
and management bulletins to assist field.
Start date of
4/11/2012 with new
guide and technical
assistance
papers/management
bulletins issued in
June, 2012.