KRS § 199.883 — KY Code / Title XVII / Chapter 199 / Section 199.883
199.883 Employee Child Care Assistance Partnership Program -- Powers and duties of cabinet
Status: in_force

199.883 Employee Child Care Assistance Partnership Program -- Powers and

duties of cabinet.

(1) The Employee Child Care Assistance Partnership Program is hereby established

under the cabinet. To administer the program, the cabinet may:

(a) Delegate authority to a subsidiary department;

(b) Coordinate and share information with other executive branch agencies; and

(c) Enter into contracts with third parties to administer the program or specific

parts of the program.

(2) The cabinet shall be responsible for:

(a) Creating and making available a standardized contract for participation in the

program;

(b) Processing the contract between an employer, employee, and child-care

provider that is submitted to the cabinet;

(c) Notifying the parties of their enrollment status in the program;

(d) Managing and administering the program funds;

(e) Securing third-party vendors in accordance with all applicable federal and

state procurement regulations, if deemed necessary;

(f) Verifying the eligibility of the respective employee, employer, and child-care

provider as parties to a contract for participation in the program prior to

disbursement of a state match;

(g) Collecting and verifying household income information from eligible

employees and determining the amount of the state match for which the

employee is eligible; and

(h) Distributing educational materials about the program's objectives, benefits,

and eligibility requirements to employers, employees, and child-care

providers.

(3) The cabinet shall review the completed contract after it is submitted by the

employer and, if the employee, employer, and the proposed child-care provider

meet program eligibility requirements, agree to match the contribution made by the

employer up to one hundred percent (100%) of the cost of service from the fund.

(4) The cabinet shall only become party to a proposed contract under this program if

the fund reflects a positive balance based on both:

(a) The cabinet's existing contractual obligations already accrued under this

program; and

(b) The cabinet's additional financial obligation imposed by the proposed

contract.

(5) The cabinet shall not agree to become party to a proposed contract pursuant to this

program if the corresponding financial obligation would cause the fund to accrue a

negative balance.

(6) The cabinet shall maintain a waitlist of contracts submitted after available funds

were committed. The cabinet shall become party to a proposed contract from the

waitlist as new funds become available and according to the order in which it was

received.

(7) The cabinet shall issue a state match directly to the child-care provider or through a

third-party vendor for the duration of the contract.

(8) The cabinet shall not disclose an employee's personal information without that

individual's express written consent.

(9) In the first fiscal year of the program, the cabinet shall administer the program

according to the following:

(a) The cabinet shall begin administering the program after April 8, 2022,

including but not limited to:

1. Promulgating the required administrative regulations as described in

KRS 199.884; and

2. Soliciting third-party vendor contracts, if deemed necessary;

(b) The cabinet shall not begin accepting proposed contracts from employers

pursuant to this program prior to ninety (90) calendar days before July 1,

2023; and

(c) The cabinet shall not disburse state matches from the fund as a party to a

contract with an employer, employee, and child-care provider pursuant to this

program prior to July 1, 2023.

(10) Beginning in 2024 and every year thereafter, the cabinet shall begin accepting

proposed contracts from employers, employees, and child-care providers for the

next fiscal year according to the following:

(a) Ninety (90) calendar days before July 1 for employers with existing approved

contracts pursuant to the program; and

(b) Forty-five (45) calendar days before July 1 for all other employers.

(11) Beginning December 15, 2023, and every year thereafter, the cabinet shall publish

reports detailing the efficacy of the program by July 15 and December 15 of each

year and shall submit the report to the Legislative Research Commission. The

report shall include at least the following information about the program:

(a) Any appropriation made in the past fiscal year to the fund;

(b) The total number of standardized contracts submitted by employers;

(c) The total amount of state matches paid out of the fund by the cabinet;

(d) The breakdown of the state matches paid by county;

(e) Information on the size, geographical location, and industry type of employers

who participated in the program;

(f) The number, license type, quality rating, and geographical distribution of

participating child-care providers;

(g) The average cost for services charged by child-care providers participating in

the program and information on how these costs have increased or decreased

during the most recent reporting period and previous reporting periods;

(h) The number and total dollar value of contracts not approved by the cabinet;

and

(i) The demographic information of employees participating in the program.

(12) Prior to one hundred twenty (120) calendar days before July 1, 2023, the cabinet

shall publish a report detailing implementation plans for the program and submit the

report to the Legislative Research Commission.