1. (a) A Board shall ensure that providers are given written notice of and agree to their responsibilities, reporting requirements, and requirements for reimbursement under this subchapter prior to enrolling a child.

2. (b) Providers shall:

   1. (1) be responsible for collecting the parent share of cost as assessed under §809.19 before child care services are delivered;
   2. (2) be responsible for collecting other child care funds received by the parent as described in §809.21(a)(2);
   3. (3) report to the Board or the Board's child care contractor instances in which the parent fails to pay the parent share of cost; and
   4. (4) follow attendance reporting and tracking procedures required by the Commission under §809.95, the Board, or, if applicable, the Board's child care contractor.

3. (c) Providers shall not charge the difference between the provider's published rate and the amount of the Board's reimbursement rate as determined under §809.21 to parents:

   1. (1) who are exempt from the parent share of cost assessment under §809.19(a)(2); or
   2. (2) whose parent share of cost is calculated to be zero pursuant to §809.19(f).
4. (d) A Board may develop a policy that prohibits providers from charging the difference between the provider's published rate and the amount of the Board's reimbursement rate (including the assessed parent share of cost) to all parents eligible for child care services.
5. (e) Providers shall not deny a child care referral based on the parent's income status, receipt of public assistance, or the child's protective service status.
6. (f) Providers shall not charge fees to a parent receiving child care subsidies that are not charged to a parent who is not receiving subsidies.

Source Note:The provisions of this §809.92 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529.