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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1374
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
CHILD
CARE
PROGRAM;
AMENDING
TITLE
56,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
CHAPTER
25,
TITLE
56,
IDAHO
CODE,
TO
DEFINE
TERMS,
3
TO
PROVIDE
FOR
THE
CREATION
OF
THE
IDAHO
CHILD
CARE
PROGRAM,
TO
ESTAB
-
4
LISH
PROVISIONS
REGARDING
PARENT
QUALIFYING
ACTIVITIES,
TO
ESTABLISH
5
PROVISIONS
REGARDING
APPLICATION,
ELIGIBILITY,
AND
REDETERMINATION,
6
TO
PROVIDE
AUTHORITY
TO
CREATE
A
WAITING
LIST
AND
ADJUST
ELIGIBIL
-
7
ITY,
TO
ESTABLISH
PROVISIONS
REGARDING
REQUIREMENTS
FOR
PROVIDERS,
TO
8
ESTABLISH
PROVISIONS
REGARDING
PROGRAM
INTEGRITY,
TO
ESTABLISH
PROVI
-
9
SIONS
REGARDING
PROGRAM
OVERSIGHT,
TO
ESTABLISH
PROVISIONS
REGARDING
10
A
PROGRAM
VENDOR,
TO
ESTABLISH
PROVISIONS
REGARDING
CONSTRUCTION,
TO
1
1
ESTABLISH
PROVISIONS
REGARDING
AUTHORITY
OF
THE
ATTORNEY
GENERAL,
TO
12
ESTABLISH
PROVISIONS
REGARDING
THE
STATE
PLAN
AND
LEGISLATIVE
APPROVAL
13
REQUIREMENTS,
AND
TO
ESTABLISH
PROVISIONS
REGARDING
THE
USE
OF
FUNDS
14
FOR
CAPACITY
BUILDING;
AMENDING
SECTION
39
-
1111,
IDAHO
CODE,
TO
REVISE
15
PROVISIONS
REGARDING
ADMINISTRATIVE
RULES;
AND
DECLARING
AN
EMERGENCY.
16
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
17
SECTION
1.
That
Title
56,
Idaho
Code,
be,
and
the
same
is
hereby
amended
18
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
19
ter
25,
Title
56,
Idaho
Code,
and
to
read
as
follows:
20
CHAPTER
25
21
IDAHO
CHILD
CARE
PROGRAM
22
56
-
2501.
DEFINITIONS.
As
used
in
this
chapter:
23
(1)
"CCMS"
means
a
child
care
management
solution.
24
(2)
"Child
care"
means
care,
control,
supervision,
or
maintenance
of
a
25
child
provided
for
compensation
by
an
individual,
other
than
a
parent
of
the
26
child,
for
less
than
twenty
-
four
(24)
hours
in
a
day.
27
(3)
"Child
care
finder"
means
a
child
care
search
tool.
28
(4)
"Department"
means
the
Idaho
department
of
health
and
welfare.
29
(5)
"Eligible
child"
means
a
child
under
thirteen
(13)
years
of
age
who
30
is
either
a
citizen
of
or
lawfully
living
in
the
United
States.
However,
a
31
child
who
is
thirteen
(13)
years
of
age
or
older
remains
eligible
if
the
child
32
is
under
court
supervision
or
is
verified
by
either
a
mental
health
profes
-
33
sional
or
licensed
medical
professional
to
be
physically
or
mentally
unable
34
to
care
for
himself.
35
(6)
"FPG"
means
the
federal
poverty
guidelines
published
annually
by
36
the
United
States
department
of
health
and
human
services.
37
(7)
"Fraud
detection
and
remediation
system"
means
a
software
platform
38
utilizing
statistical
modeling,
predictive
analytics,
and
machine
learning
39
techniques
to
assess
the
likelihood
of
fraud,
waste,
or
abuse.
40
2
(8)
"Intentional
program
violation"
means
an
intentionally
false
or
1
misleading
action
or
statement
that
is
one
(1)
of
the
following:
2
(a)
An
individual
makes
a
false
or
misleading
statement
to
the
depart
-
3
ment,
either
orally
or
in
writing,
in
order
to
participate
in
the
pro
-
4
gram;
5
(b)
An
individual
misrepresents
or
conceals
one
(1)
or
more
facts
to
the
6
department,
either
orally
or
in
writing,
to
participate
in
the
program;
7
(c)
An
individual
fails
repeatedly
or
substantially
to
comply
with
rel
-
8
evant
state
or
federal
laws
or
rules
promulgated
under
this
chapter;
9
(d)
An
individual
knowingly
violates
any
term
of
the
individual's
10
provider
agreement;
or
1
1
(e)
A
provider
knowingly
fails
to
meet
the
qualifications
specifically
12
required
in
relevant
federal
law,
in
this
chapter,
in
chapter
11,
title
13
39,
Idaho
Code,
or
the
rules
promulgated
under
any
of
the
forgoing
laws.
14
(9)
"License
management"
means
a
child
care
license
management
system
15
for
the
department
to
process
licensing
applications
for
new
and
existing
16
providers.
17
(10)
"Parent"
means
a
person
responsible
for
a
child
because
of
birth,
18
adoption,
marriage,
legal
guardianship,
or
foster
care.
19
(11)
"Program"
means
the
Idaho
child
care
program.
20
(12)
"Provider"
means
an
individual,
organization,
agency,
or
other
en
-
21
tity
providing
child
care.
22
(13)
"SMI"
means
the
current
state
median
income
estimates
determined
23
for
the
low
income
home
energy
assistance
program.
24
(14)
"Subsidy
management"
means
a
child
care
subsidy
management
system
25
for
the
department's
processing
of
subsidy
funding
on
behalf
of
eligible
26
children
to
providers.
27
(15)
"Vendor"
means
a
third
-
party
vendor
that
will
provide
child
care
28
technology
solutions
or
create
new
family
child
care
programs
that
shall
be
29
procured
via
an
existing
competitively
bid
contract
with
the
state.
30
56
-
2502.
CREATION
OF
PROGRAM.
There
is
hereby
created
in
the
depart
-
31
ment
the
Idaho
child
care
program,
which,
subject
to
legislative
appropria
-
32
tion,
shall
use
federal
child
care
funds
distributed
to
the
states,
as
well
33
as
any
related
state
matching
funds
and
maintenance
-
of
-
effort
funds,
to
im
-
34
prove
the
quality
of
child
care
in
Idaho
for
all
children
and
assist
low
-
35
income
families
in
Idaho
who
are
working
or
participating
in
education
or
36
training
activities
with
help
paying
for
child
care.
The
department
shall
37
administer
the
program
in
a
manner
consistent
with
this
chapter
and
with
all
38
applicable
federal
requirements.
39
56
-
2503.
PARENT
QUALIFYING
ACTIVITIES.
(1)
Parents
in
a
child's
40
household
must
participate
in
one
(1)
of
the
following
qualifying
activities
41
to
be
eligible
for
assistance
under
this
chapter:
42
(a)
The
parent
is
currently
employed
or
self
-
employed;
43
(b)
The
parent
is
currently
attending
an
accredited
education
or
train
-
44
ing
program;
or
45
(c)
The
parent
is
receiving
child
welfare
preventative
services
from
46
the
department.
47
3
(2)
The
following
restrictions
shall
apply
to
training
or
education
ac
-
1
tivities:
2
(a)
Online
classes
shall
not
be
counted
as
a
qualifying
activity
under
3
this
chapter;
4
(b)
Persons
who
are
attending
postbaccalaureate
classes
with
no
other
5
qualifying
activity
shall
not
qualify
for
assistance
under
this
chap
-
6
ter;
and
7
(c)
No
more
than
forty
-
eight
(48)
months
of
postsecondary
education
8
shall
count
as
a
qualifying
activity.
9
56
-
2504.
APPLICATION
-
-
ELIGIBILITY
-
-
REDETERMINATION.
(1)
A
family
10
who
lives
within
the
state
of
Idaho
with
no
immediate
intention
of
leaving
1
1
the
state
may
apply
to
be
considered
for
assistance
under
this
chapter
for
an
12
eligible
child.
13
(2)
An
applicant's
family
assets
cannot
exceed
one
million
dollars
14
($1,000,000).
15
(3)
When
applying,
a
family's
income
cannot
exceed
one
hundred
fifty
-
16
five
percent
(155%)
of
FPG
for
a
family
of
the
same
size.
17
(4)
During
the
eligibility
period,
a
family's
income
cannot
exceed
18
eighty
-
five
percent
(85%)
of
the
SMI
for
a
family
of
the
same
size.
19
(5)
At
least
every
twelve
(12)
months,
the
department
shall
redeter
-
20
mine
eligibility
for
assistance
under
this
chapter.
At
redetermination,
if
21
a
family's
income
exceeds
one
hundred
fifty
-
five
percent
(155%)
but
is
less
22
than
one
hundred
seventy
percent
(170%)
of
FPG
for
a
family
of
the
same
size,
23
the
family
may
be
eligible
to
receive
a
graduated
phaseout
of
child
care
as
-
24
sistance
that
is
limited
to
up
to
twelve
(12)
months
of
assistance
following
25
the
completion
of
redetermination.
26
56
-
2505.
AUTHORITY
TO
CREATE
A
WAITING
LIST
AND
ADJUST
ELIGIBIL
-
27
ITY.
(1)
As
necessary
to
administer
the
program,
the
department
may
estab
-
28
lish
a
waiting
list
for
the
program.
If
the
department
establishes
a
waiting
29
list,
the
department
shall
give
priority
to
the
following
categories:
30
(a)
Families
who
are
homeless;
31
(b)
Families
caring
for
a
child
with
a
disability;
32
(c)
Foster
families;
33
(d)
Families
receiving
temporary
assistance
for
needy
families
from
34
the
department;
35
(e)
Families
receiving
any
child
welfare
preventative
services
from
36
the
department
designed
to
reduce
or
eliminate
the
need
for
out
-
of
-
home
37
placement
of
a
child
by
the
department;
and
38
(f)
Households
where
at
least
one
(1)
parent
is
nineteen
(19)
years
of
39
age
or
younger.
40
(2)
Notwithstanding
the
provisions
of
section
56
-
269,
Idaho
Code,
the
41
department
may,
by
administrative
rule,
subject
to
legislative
approval,
42
adjust
the
asset
cap,
the
FPG
percentage
cap,
the
SMI
percentage
cap,
or
43
the
length
of
graduated
phaseout
after
determination,
as
long
as
any
such
44
adjustments
comply
with
federal
law,
do
not
exceed
the
statutory
maximums
45
established
in
section
56
-
2504,
Idaho
Code,
and
do
not
cause
the
program
to
46
exceed
its
appropriation.
47
4
56
-
2506.
REQUIREMENTS
FOR
PROVIDERS.
(1)
Providers
who
receive
assis
-
1
tance
on
behalf
of
eligible
children
under
this
chapter
shall
enter
into
and
2
abide
by
the
terms
of
a
provider
agreement
with
the
department
and
shall
gen
-
3
erate
documentation
at
the
time
of
service
sufficient
to
support
the
reim
-
4
bursement
for
child
care
services.
Providers
are
required
to
keep
the
fol
-
5
lowing
child
care
records:
6
(a)
Proof
of
attendance
each
day
with
authentication
of
a
parent,
7
guardian,
or
preapproved
designee
dropping
off
and
retrieving
each
8
child;
9
(b)
Billing
and
receipts;
10
(c)
Policies
or
manuals
developed
by
the
provider
governing
procedures
1
1
for
billing,
attendance,
copayment
collection,
operating
hours,
and
12
signing
a
child
into
and
out
of
child
care;
13
(d)
All
rates,
fees,
and
costs
of
any
kind
charged
by
the
provider;
and
14
(e)
Any
other
related
records
required
by
the
department.
15
(2)
The
department
shall
be
permitted
access
at
any
time
of
business
op
-
16
erations
to
the
child
care
facilities
of
a
provider
who
is
receiving
assis
-
17
tance
on
behalf
of
an
eligible
child
and
to
monitor
and
inspect
the
facility.
18
The
department
shall
be
permitted
to
access,
inspect,
review,
copy,
or
re
-
19
move
any
child
care
records
required
by
this
chapter.
A
provider
shall
im
-
20
mediately
produce
records
or
provide
access
upon
request
by
the
department.
21
Records
required
by
this
section
shall
be
kept
available
by
the
child
care
22
facility
at
all
times
for
a
minimum
of
three
(3)
years.
23
(3)
Any
business
entity
or
individual
providing
child
care
who
is
re
-
24
ceiving
assistance
on
behalf
of
an
eligible
child
under
this
chapter
shall
be
25
registered
as
a
business
entity
with
the
Idaho
secretary
of
state.
26
(4)
A
provider
shall
receive
payment
for
assistance
on
behalf
of
an
eli
-
27
gible
child
only
after
substantiating
child
care
attendance
and
documenting
28
legitimate
services
provided
in
a
manner
and
on
a
cadence
prescribed
by
the
29
department.
30
(5)
A
provider
is
prohibited
from
paying,
directly
or
indirectly
or
31
overtly
or
covertly,
for
an
eligible
child
to
attend
the
provider's
child
32
care
facility.
33
(6)
Providers
are
responsible
for
ensuring
families
pay
the
determined
34
child
care
costs
and
may
not
waive
these
costs.
35
(7)
Providers
receiving
assistance
on
behalf
of
an
eligible
child
shall
36
not
be
considered
employees
of
the
department
and
shall
not
hold
themselves
37
out
as
employees
of
the
department
by
virtue
of
their
participation
in
the
38
program.
39
56
-
2507.
PROGRAM
INTEGRITY.
(1)
When
the
department
has
reasonable
40
suspicion
to
believe
that
a
provider
seeks
payment
on
behalf
of
an
eligible
41
child
in
a
manner
contrary
to
state
or
federal
law,
the
department
is
autho
-
42
rized
to
immediately
suspend
payment
and
conduct
an
investigation.
Reasons
43
to
suspend
payment
include
but
are
not
limited
to:
44
(a)
Any
claims
for
child
care
services
for
which
the
department
has
a
45
reasonable
suspicion
were
not
provided;
46
(b)
Child
care
services
not
documented
by
the
provider
as
required
by
47
law
or
the
provider
agreement;
48
5
(c)
Child
care
services
provided
contrary
to
state
or
federal
law
or
the
1
provider
agreement;
2
(d)
Failure
to
maintain
records
or
provide
immediate
access
to
records
3
as
required
by
law;
4
(e)
The
department
believes
a
provider
is
paying
for
an
eligible
child
5
to
attend
the
provider's
child
care
facility
in
violation
of
law
or
the
6
provider
agreement;
or
7
(f)
The
department
has
determined
that
an
intentional
program
viola
-
8
tion
has
occurred
and
has
provided
notice
of
this
determination.
9
(2)
If
the
department
determines
that
an
intentional
program
violation
10
has
occurred,
the
department
shall
send
written
notice
of
the
determination
1
1
to
the
family
or
provider
stating
the
reasons
for
the
determination.
The
12
decision
of
the
department
may
be
appealed
to
the
office
of
administrative
13
hearings
within
twenty
-
eight
(28)
days
of
the
date
of
the
issuance
of
the
no
-
14
tice
to
the
family
or
provider.
The
department
may
continue
any
suspension
15
of
payment
for
the
duration
of
the
administrative
appeal.
16
(a)
The
office
of
administrative
hearings
shall,
within
twenty
-
eight
17
(28)
days
of
receipt
of
the
appeal,
review
the
full
record
regarding
the
18
department's
decision
and
hold
a
hearing.
After
the
hearing,
the
ad
-
19
ministrative
law
judge
shall
submit
a
written
recommendation
to
the
de
-
20
partment
and
the
family
or
provider.
The
recommendation
by
the
adminis
-
21
trative
law
judge
either
to
affirm
or
reverse
the
department's
decision
22
shall
be
based
on
the
full
record
of
the
department's
decision
and
rel
-
23
evant
state
and
federal
law.
The
recommendation
by
the
administrative
24
law
judge
shall
be
in
writing
and
accompanied
by
a
reasoned
opinion.
25
(b)
Within
twenty
-
eight
(28)
days
following
the
issuance
of
the
hear
-
26
ing
officer's
written
recommendation,
the
department
shall
either
af
-
27
firm
or
reverse
its
initial
decision.
28
(c)
If,
upon
reconsideration
of
its
initial
decision,
the
department:
29
(i)
Affirms
its
initial
decision,
the
family
or
provider
may
ap
-
30
peal
pursuant
to
chapter
52,
title
67,
Idaho
Code;
or
31
(ii)
Reverses
its
initial
decision,
then
there
shall
be
no
fur
-
32
ther
appeal
and
payments
shall
resume,
including
back
payments.
33
(3)
An
intentional
program
violation
is
established
when
a
family
or
34
provider
admits
the
violation
in
writing
and
waives
any
right
to
a
hearing
35
or
appeal
pursuant
to
this
section
or
when
determined
by
the
department
pur
-
36
suant
to
this
section.
The
consequences
the
department
may
impose
for
fraud
37
or
any
established
intentional
program
violations
are
as
follows:
38
(a)
Any
family
or
provider
who
is
established
to
have
committed
an
in
-
39
tentional
program
violation
shall
be
ineligible
for
the
program
for
no
40
less
than
one
(1)
year
but
up
to
a
period
of
three
(3)
years,
as
deter
-
41
mined
by
the
department.
42
(b)
Any
family
or
provider
who
is
established
to
have
committed
a
second
43
intentional
program
violation
shall
be
ineligible
for
the
program
for
a
44
period
of
no
less
than
two
(2)
years
but
up
to
a
period
of
five
(5)
years,
45
as
determined
by
the
department.
46
(c)
Any
family
or
provider
who
is
established
to
have
committed
a
third
47
or
subsequent
intentional
program
violation
shall
be
permanently
inel
-
48
igible
for
the
program.
49
6
(4)
When
the
department
establishes
an
intentional
program
violation,
1
it
shall
verify
that
any
other
benefits
an
individual
receives
pursuant
to
2
this
title
strictly
conform
with
state
and
federal
law.
3
(5)
For
a
first
violation
of
the
provisions
of
this
subsection,
the
4
department
may
exercise
the
authority
granted
pursuant
to
section
56
-
209h,
5
Idaho
Code,
to
terminate
a
provider
agreement
or
otherwise
deny
provider
6
status
for
up
to
five
(5)
years.
Any
termination
for
a
second
or
subsequent
7
violation
shall
be
for
a
minimum
period
of
five
(5)
years
up
to
permanent
8
ineligibility
for
the
program,
in
the
discretion
of
the
department.
The
9
department
may
terminate
provider
status
for
any
provider
who:
10
(a)
Submits
a
claim
with
knowledge
the
claim
is
incorrect;
1
1
(b)
Submits
a
fraudulent
claim;
12
(c)
Knowingly
makes
a
false
statement
or
representation
of
material
13
facts
in
any
document
required
to
be
maintained
or
submitted
to
the
de
-
14
partment;
15
(d)
Fails
repeatedly
or
substantially
to
comply
with
relevant
federal
16
law,
this
chapter,
or
any
rules
promulgated
under
this
chapter;
17
(e)
Knowingly
violates
any
material
term
or
condition
of
the
provider
18
agreement;
19
(f)
Has
failed
to
repay,
or
was
a
managing
entity
or
had
an
ownership
20
or
control
interest
in
any
entity
that
has
failed
to
repay,
any
overpay
-
21
ments
or
claims
previously
found
to
have
been
obtained
contrary
to
rel
-
22
evant
federal
law,
this
chapter
or
the
rules
promulgated
thereunder,
or
23
the
provider
agreement;
24
(g)
Has
been
found,
or
was
a
managing
employee
in
any
entity
that
has
25
been
found,
to
have
engaged
in
fraudulent
conduct
or
abusive
conduct;
or
26
(h)
Fails
to
meet
the
qualifications
specifically
required
in
relevant
27
state
or
federal
law,
including
chapter
11,
title
39,
Idaho
Code,
for
28
providers
licensed
pursuant
to
that
chapter.
29
(6)
The
department
may
refuse
to
enter
into
a
provider
agreement
when:
30
(a)
The
provider
has
been
convicted
of
a
felony
offense;
31
(b)
The
provider
has
failed
to
repay
the
department
moneys
that
had
been
32
previously
determined
to
have
been
owed
to
the
department;
33
(c)
The
provider
has
a
pending
investigation
for
program
fraud
or
34
abuse;
35
(d)
The
provider
was
the
managing
employee,
officer,
or
owner
of
an
en
-
36
tity
whose
provider
agreement
was
terminated
pursuant
to
subsection
(5)
37
of
this
section;
or
38
(e)
The
provider
has
a
current
exclusion
from
participation
in
federal
39
programs
by
the
department
of
health
and
human
services
office
of
the
40
inspector
general
list
of
excluded
individuals
and
entities.
41
(7)
For
any
overpayment
to
a
provider
for
assistance
on
behalf
of
an
42
eligible
child,
the
department
is
authorized
to
recoup
or
recover
the
full
43
amount
of
overpayment.
Interest
shall
accrue
on
overpayments
at
the
statu
-
44
tory
rate
established
in
section
28
-
22
-
104,
Idaho
Code,
from
the
date
of
the
45
final
determination
of
overpayment;
provided,
however,
interest
shall
not
46
accrue
on
overpayments
made
due
to
department
error.
Any
overpayment
due
to
47
family
or
provider
error,
intentional
program
violation,
or
fraud
shall
be
48
recovered
in
full.
49
7
(8)
Department
authorities
provided
pursuant
to
this
section
shall
not
1
be
construed
to
limit
any
other
authorities
available
to
the
department
in
2
other
relevant
state
or
federal
law
to
prevent
or
respond
to
fraud,
waste,
or
3
abuse
and
ensure
program
integrity.
4
(9)
The
department
is
authorized
to
collaborate
with
local,
state,
and
5
federal
law
enforcement
to
ensure
providers
and
families
comply
with
state
6
and
federal
law
and
to
aid
in
the
prosecution
of
any
criminal
violations
of
7
the
law
arising
from
the
program.
8
(10)
The
department
may
promulgate
administrative
rules,
subject
to
9
legislative
approval,
to
prevent
fraud,
waste,
or
abuse
in
the
program
and
to
10
ensure
program
integrity.
1
1
56
-
2508.
PROGRAM
OVERSIGHT.
(1)
The
department
shall,
for
the
pur
-
12
poses
of
executing
section
56
-
2507,
Idaho
Code,
implement
a
fraud
detection
13
and
remediation
system
no
later
than
July
1,
2027,
that
shall
assist
in
14
detecting,
preventing,
and
deterring
fraud,
waste,
and
abuse
in
the
Idaho
15
child
care
program.
16
(2)
The
system
shall
assess
relative
risk
using
statistical
and
expert
-
17
defined
analytical
models
to
support
the
prioritization
of
cases
for
review
18
and
investigation
and
to
prevent
fraudulent
applications.
The
system
shall
19
be
capable
of
incorporating
predictive
analytics
or
machine
learning
tech
-
20
niques
that
improve
risk
assessment
over
time
based
on
reviewed
cases
and
21
documented
outcomes,
while
remaining
subject
to
agency
oversight.
If
any
22
payments
to
a
provider
through
the
program
are
deemed
improper
due
to
error
23
and
not
suspected
fraud,
the
department
shall
notify
the
provider
for
the
24
specific
basis
for
suspension.
The
department
shall
provide
the
child
care
25
program
with
technical
assistance
in
addressing
any
reporting
errors.
The
26
analysis
required
by
this
subsection
shall
include,
at
a
minimum,
the
fol
-
27
lowing
data
domains:
28
(a)
Enrollment
and
attendance
patterns;
29
(b)
Billing
and
reimbursement
data;
30
(c)
Provider
profiles
and
ownership
structures;
31
(d)
Licensing
status,
inspection
history,
and
compliance
records;
32
(e)
Family
eligibility
and
redetermination
data;
33
(f)
Historical
audit
or
investigation
outcomes;
and
34
(g)
Cross
-
program
or
cross
-
agency
data,
as
permitted
by
law.
35
(3)
The
system
shall
include
functionality
to
support
agency
staff
in
36
reviewing,
investigating,
documenting,
and
tracking
the
resolution
of
iden
-
37
tified
risks,
including
the
ability
to
record
findings,
actions
taken,
and
38
outcomes.
The
system
may
also
support
the
temporary
suspension
or
pausing
of
39
payments
associated
with
identified
cases
or
entities
during
the
pendency
of
40
an
investigation,
in
accordance
with
agency
policy
and
applicable
law,
and
41
subject
to
human
review,
approval,
and
oversight.
42
(4)
The
system
shall
track
relevant
data
through
technology
platforms,
43
including
but
not
limited
to:
44
(a)
CCMS,
in
order
to
monitor
digitally
or
manually
submitted
atten
-
45
dance
records
submitted
by
a
parent
upon
drop
off
and
pick
up
of
an
eli
-
46
gible
child;
47
(b)
Child
care
finder,
in
order
to
incorporate
publicly
available
48
provider
data,
such
as:
49
8
(i)
Cost
of
service;
1
(ii)
Subsidy
eligibility
of
program;
2
(iii)
Vacancies;
and
3
(iv)
Hours
of
operation;
4
(c)
Licensing
management,
in
order
to
incorporate
agency
-
accessible
5
provider
data,
such
as:
6
(i)
Licensed
capacity;
and
7
(ii)
Current
violations;
and
8
(d)
Subsidy
management,
in
order
to
incorporate
agency
-
accessible
data
9
relevant
to
subsidy
program
payment
processing
and
all
provider
-
rele
-
10
vant
data
necessary
for
payment
receipt,
such
as:
1
1
(i)
Total
subsidy
payment
amount
to
provider;
12
(ii)
Overpayment
tracking;
and
13
(iii)
Historical
tracking
of
subsidy
receipts
by
provider.
14
(5)
In
the
department's
discretion,
in
order
for
the
functionality
of
15
the
fraud
detection
and
remediation
system,
the
department
shall
procure
all
16
required
programs
and
services
through
a
single
vendor
in
order
to
support
17
program
integrity
through
technology
modernization.
18
(6)
For
the
purpose
of
executing
this
section,
if
any
necessary
exist
-
19
ing
program
or
software
platforms
are
not
capable
of
tracking
and
sharing
20
necessary
information
to
enable
program
oversight,
the
department
shall
im
-
21
plement
new
technology
solutions,
including
but
not
limited
to:
22
(a)
CCMS
or
application
programming
interface
with
commercially
avail
-
23
able
CCMS;
24
(b)
Child
care
finder;
25
(c)
Licensing
management;
26
(d)
Subsidy
management;
and
27
(e)
Any
additional
relevant
technology
management
solutions.
28
(7)
Any
data
collected
or
monitored
in
order
to
execute
this
section
29
shall
be
done
solely
for
program
administration
and
integrity.
No
data
shall
30
be
sold,
shared,
or
used
for
unrelated
enforcement
purposes
without
express
31
written
consent
from
relevant
parties.
Any
personally
identifiable
infor
-
32
mation
shall
be
protected
in
accordance
with
federal
law.
33
(8)
Any
and
all
detection
through
this
system
shall
not
be
used
to
es
-
34
tablish
guilt
absent
corroborating
evidence
reviewed
and
provided
by
the
de
-
35
partment.
36
(9)
Any
new
technology
management
solutions
deemed
necessary
by
the
37
department
shall
be
procured
from
a
vendor,
as
defined
in
section
56
-
2501,
38
Idaho
Code.
39
56
-
2509.
PROGRAM
VENDOR.
The
department
shall
select
a
vendor
that
40
shall
be
responsible
for
creating
up
to
six
hundred
(600)
licensed
child
care
41
programs.
Such
vendor
shall
have
experience
in
deploying
technology
that
42
does
all
of
the
following:
43
(1)
Facilitates
the
recruitment
and
support
of
prospective
providers;
44
(2)
Supports
providers
in
business
planning
and
implementation;
and
45
(3)
Demonstrates
the
ability
to
execute
both
in
-
person
and
virtual
46
provider
recruitment
events
in
high
-
need
areas.
47
9
56
-
2510.
CONSTRUCTION.
Nothing
in
this
chapter
shall
be
construed
to
1
create
a
right
or
entitlement
to
any
assistance
or
benefit
to
any
child,
par
-
2
ent,
family,
or
provider.
3
56
-
2511.
AUTHORITY
OF
THE
ATTORNEY
GENERAL.
When
the
department
en
-
4
gages
the
attorney
general,
he
is
authorized
to
exercise
concurrent
inves
-
5
tigative
and
prosecutorial
authority
and
responsibility
with
county
prose
-
6
cutors
to:
7
(1)
Prosecute
persons
for
the
violation
of
the
criminal
provisions
of
8
chapter
2,
title
56,
Idaho
Code,
that
involve
or
are
directly
related
to
this
9
program;
and
10
(2)
Prosecute
persons
for
criminal
offenses
that
are
not
defined
in
1
1
chapter
2,
title
56,
Idaho
Code,
but
that
involve
or
are
directly
related
to
12
this
program.
13
56
-
2512.
STATE
PLAN
-
-
LEGISLATIVE
APPROVAL
REQUIRED.
(1)
The
depart
-
14
ment
shall
submit
a
revised
and
updated
state
plan
for
the
program,
which
15
shall
be
consistent
with
the
provisions
of
this
chapter,
by
October
1,
2026.
16
(2)
After
the
updated
state
plan
is
submitted
pursuant
to
subsection
17
(1)
of
this
section,
the
department
shall
not
seek
or
implement
a
state
plan
18
amendment
for
the
program
that
would
expand
benefits
to
any
additional
indi
-
19
viduals
or
class
of
individuals
or
would
increase
any
net
cost
to
the
state
20
without
first
obtaining
approval
from
the
legislature.
Such
approval
must
21
be
provided
in
statute
and,
to
be
effective,
must
be
listed
in
this
chapter.
22
56
-
2513.
USE
OF
FUNDS
FOR
CAPACITY
BUILDING.
Any
appropriation
to
the
23
program
for
capacity
building
through
contracted
spots,
grants,
or
sub
-
24
grants
shall
give
first
priority
to
family
child
care,
relative
child
care,
25
group
child
care,
after
-
school
child
care,
child
care
provided
by
a
non
-
26
profit
corporation
with
a
board
of
directors
acting
as
fiduciary,
or
child
27
care
services
managed
through
vendors
as
defined
in
section
56
-
2501,
Idaho
28
Code,
and
addressing
child
care
for
underserved
populations
as
defined
in
29
the
state
plan.
30
SECTION
2.
That
Section
39
-
1111,
Idaho
Code,
be,
and
the
same
is
hereby
31
amended
to
read
as
follows:
32
39
-
1111.
RULES
AUTHORIZED.
In
order
to
implement
the
provisions
of
33
this
chapter,
the
department,
in
addition
to
other
duties
imposed
by
law,
34
is
hereby
authorized
and
directed
through
rulemaking
may
promulgate
rules,
35
subject
to
legislative
approval,
to
establish
procedures
necessary
to
im
-
36
plement
the
provisions
of
this
chapter
including
procedure
for
submission
37
of
required
certificates
as
provided
in
sections
39
-
1109
and
39
-
1110,
Idaho
38
Code,
and
to
conduct
the
criminal
history
check
provided
in
section
39
-
1105,
39
Idaho
Code.
The
rulemaking
authority
granted
in
this
section
shall
be
lim
-
40
ited
to
the
specific
standards
and
procedures
required
by
this
chapter.
The
41
department
shall
seek
to
move
all
necessary
rules
into
this
chapter
by
July
42
1,
2026.
43
10
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
2
passage
and
approval.
3