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128 STAT. 1986 PUBLIC LAW 113–186—NOV. 19, 2014 administrators, local child care resource and referral agencies, and other appropriate entities, developed and conducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an alternative methodology, such as a cost esti- mation model, that has been developed by the State lead agency; ‘‘(ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alternative methodology conducted pursuant to clause (i), and made the results of the survey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, including posting the results on the Internet; ‘‘(iii) describe how the State will set payment rates for child care services, for which assistance is provided in accordance with this subchapter— ‘‘(I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i); ‘‘(II) taking into consideration the cost of pro- viding higher quality child care services than were provided under this subchapter before the date of enactment of the Child Care and Development Block Grant Act of 2014; and ‘‘(III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this sub- chapter, relative to the number of such families on the date of enactment of that Act; and ‘‘(iv) describe how the State will provide for timely payment for child care services provided under this subchapter. ‘‘(C) CONSTRUCTION.— ‘‘(i) NO PRIVATE RIGHT OF ACTION.—Nothing in this paragraph shall be construed to create a private right of action if the State acted in accordance with this paragraph. ‘‘(ii) NO PROHIBITION OF CERTAIN DIFFERENT RATES.—Nothing in this subchapter shall be construed to prevent a State from differentiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as— ‘‘(I) geographic location of child care providers (such as location in an urban or rural area); ‘‘(II) the age or particular needs of children (such as the needs of children with disabilities and children served by child protective services); ‘‘(III) whether the providers provide child care services during weekend and other nontraditional hours; or Reports. Deadline. Web posting. VerDate Sep 11 2014 13:40 Nov 10, 2020 Jkt 039194 PO 00002 Frm 00562 Fmt 6580 Sfmt 6581 G:\GSDD\STATUTES\2014\PT2\39194PT2.001 39194PT2 dkrause on LAP5T8D0R2PROD with DISTILLER (1)