Bill Text: CA AB2476 | 2023-2024 | Regular Session | Amended
Bill Title: Childcare services: alternative payment programs.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed) 2024-08-15 - In committee: Held under submission. [AB2476 Detail]
Download: California-2023-AB2476-Amended.html
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Amended
IN
Assembly
May 16, 2024 |
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Amended
IN
Assembly
April 17, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2476
| Introduced by Assembly (Coauthor: Assembly Member Aguiar-Curry) |
February 13, 2024 |
An act to amend Section 10227.5 of, and to add Sections 10227.7 and 10277.6 to, the Welfare and Institutions Code, relating to childcare.
LEGISLATIVE COUNSEL'S DIGEST
AB 2476, as amended, Bonta.
Childcare services: alternative payment programs.
Existing law, the Child Care and Development Services Act, administered by the State Department of Social Services, establishes a system of childcare and development services for children up to 13 years of age. Existing law requires the department to contract with local contracting agencies for alternative payment programs for childcare services to be provided throughout the state. Existing law establishes a payment schedule for those programs. Existing law requires a childcare provider to submit to the alternative payment program a monthly attendance record or invoice, maintained in the unaltered original format in which it was created, for each child who received services. Existing law requires the alternative payment program to reimburse childcare providers based upon specified criteria, including the actual days and hours of attendance for those families with variable schedules.
This bill would remove the requirement that alternative payment programs reimburse childcare providers based on specified criteria and the requirement that an invoice be maintained in the unaltered original format in which it was created. The bill would require the department to ensure that childcare providers are reimbursed at the applicable regional market rate ceiling. The bill would also require that, commencing on April 30, 2026, alternative payment programs provide payment to childcare providers prior to the day the childcare begins for the child and require the department to compensate issue guidance for prospective payments to the alternative payment programs that reimburse childcare providers for the provision of state-funded subsidized childcare and development
services no later than April 30, 2025.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) All families ought to have fair and equitable access to childcare that supports both the learning and nurturing needs of babies and children.
(b) Subsidized families must have the same ability to pay a childcare provider or center the cost to cover providing care from the first day the care is provided.
(c) Family childcare providers are valued and integral to supporting the employers and a functioning economy.
(d) Family childcare providers and centers have costs that must be covered in order to keep their doors open serving their community.
(e) A set payment for providing childcare should be paid not later than the day the childcare is to begin.
SEC. 2.
Section 10227.5 of the Welfare and Institutions Code is amended to read:10227.5.
(a) Childcare providers authorized to provide services pursuant to this chapter shall submit to the alternative payment program a monthly attendance record or invoice for each child who received services that, at a minimum, documents the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day. The information shall be documented on a daily basis.(b) (1) The monthly attendance record or invoice shall, at a minimum, be signed by the parent or guardian of the child receiving services and the childcare provider once per month to attest that the child’s attendance is accurately reflected.
The verification of attendance shall be made by signature at the end of each month of
care and under penalty of perjury by both the parent or guardian of the child receiving services and the childcare provider.
(2) (A) Notwithstanding paragraph (1) and pursuant to subdivision (d) of Section 10277, a childcare provider may submit a monthly attendance record or invoice without a parent’s signature when the parent has not communicated with the provider for a minimum of seven consecutive days, the provider has notified the contractor of the parent’s lack of communication in accordance with Section 18066.5 of Title 5 of the California Code of Regulations, and the contractor has documented the provider’s unsuccessful attempts to collect a signature.
(B) If the provisions of this paragraph are in conflict with the provisions of a memorandum of
understanding reached pursuant to Section 10426, the memorandum of understanding shall be controlling without further legislative action, except that if such provisions of a memorandum of understanding require the expenditure of funds, the provisions shall not become effective unless approved by the Legislature in the annual Budget Act.
(c) The monthly attendance record shall be maintained by the childcare provider in the unaltered original format in which it was created, which may be in paper form or electronic format.
(d) The alternative payment program shall accept the monthly attendance record or invoice as documentation of the hours of care provided if the attendance record or invoice includes adequate information documented on a daily basis, including, at a minimum, the
dates and actual times care was provided each day, including the time the child entered and the time the child left care each day.
(e) For purposes of reimbursement to providers through an alternative payment program, contractors shall not be required to track absences.
(f) For purposes of this section, a monthly attendance record or invoice is defined as documentation that includes, at a minimum, the name of the child receiving services, the dates and actual times care was provided each day, including the time the child entered and the time the child left care each day, that is signed under penalty of perjury by both the parent or guardian and the childcare provider, attesting that the information provided is accurate.
