Date posted:
Attachment(s):
This rule outlines how the Maine Department of Health and Human Services (the Department) pays a differential rate for child care services that meets or that makes substantial progress toward meeting nationally recognized quality standards, as required by 22 M.R.S.A § 3737. The emergency rulemaking allows the Department to immediately start paying a higher quality differential to such early care and education programs, addressing the lack of access to high-quality early care and education programs in Maine, which presents an ongoing threat to Maine’s general welfare.
Public Law 2025 c. 247, to be effective on 9/24/25, requires that child care providers accredited in Maine by the National Association for the Education of Young Children, the American Montessori Society, the National Association for Family Child Care or the Council on Accreditation, or any of their successor organizations, or a Head Start program that meets national Head Start standards, receive the highest rating under the child care quality rating system. Early care and education programs serve a vitally important role in supporting children, families, and the Maine economy. Pursuant to 5 M.R.S. § 8054, the Department finds that this emergency rulemaking is necessary to address Maine families’ lack of access to quality early care and education providers, which presents an ongoing threat to the State's general welfare, by ensuring the appropriate differential rates are paid to providers in accordance with the statutory changes that become effective on 9/24/25. Paying the appropriate differential rates to providers addresses the emergency because high-quality providers who have been accredited by national organizations will enjoy enhanced reimbursement under Maine’s Child Care Affordability Program (referred to as the Child Care Subsidy Program (CCSP) within the rule), and hence greater financial security at a time when early care and education programs face the stark choice of raising rates to account for rising costs, or cease operations. This emergency rulemaking extends a critical financial lifeline to those high-quality early care and education programs, immediately addressing the ongoing emergency of families’ lack of access to such programs.
Simultaneously with this emergency rulemaking, the Department is proposing routine technical rulemaking to make the same change permanent, and to make other minor changes to the rule.
Pursuant to 5 M.R.S. § 8054, this emergency rule may be effective for up to ninety (90) days. The Department shall proceed with routine technical rulemaking to permanently adopt these rule changes.
Emergency
Office: Child and Family Services
Routine technical
Email: rulemaking.ocfs@maine.gov
Effective date:
Off