5101:2-16-39 Copayment for publicly funded child care benefits.  

  • Text Box: ACTION: Emergency Text Box: DATE: 07/01/2005 9:16 AM

     

     

     

    5101:2-16-39               Monthly  family  copayment  for  publicly  funded  child  care benefits.

     

     

     

    (A)    Each family with a monthly income of ten dollars or more shall be assessed a monthly copayment based on family size and the family's gross monthly income. The monthly child care family copayment shall be based on the total monthly income, calculated in accordance with rule 5101:2-16-34 of the Administrative Code. The monthly child care family copayment shall be determined according to the "Monthly Child Care Family Copayment Table" that appears in appendix A of this rule. The monthly child care family copayment shall not exceed ten per cent of the family's monthly income.

     

    (B)     The monthly child care family copayment shall be determined by the county department of job and family services (CDJFS) at the time the family submits an application and supporting documentation. The copayment shall be reviewed and adjusted, including increases to the copayment if necessary, at the sixth month of the twelve month eligibility period by utilizing one of the following sources:

     

    (1)   Information regarding family composition and income reported by the caretaker since the last redetermination and contained in the case record; or

     

    (2)     Information regarding family composition and income obtained at the six- month review as required by the eligibility determiner CDJFS .

     

    (C)   A redetermination of the monthly child care family copayment shall be completed by the end of the twelve month eligibility period, at the time the family submits a newly current, completed and signed application and supporting documentation. Determination of the The copayment shall be in effect for each entire six- month period unless any of the following occurs:

     

    (1)   The caretaker requests that the copayment be reduced due to changes in family income, family size, or both, and the eligibility determiner CDJFS approves the reduction.

     

    (2)   At the time of the initial eligibility determination, a A documented increase in family income occurs within the first thirty days of the date of an initial eligibility determination.

     

    (3)   An incorrect copayment was assessed by the eligibility determiner CDJFS as a result of agency error, recipient error, or recipient fraud, resulting in corrective action to reduce or increase the family's copayment.

     

    (4)   The family ceases to be eligible for publicly funded child care benefits.

     

     

     

    (5)   The Ohio department of job and family services (ODJFS) requires a change in the monthly child care family copayment.

    (D)    The monthly child care family copayment is established paid to the provider on a calendar month basis, and all changes in the copayment amount shall be made effective on the first of a calendar month.

    (E)   Notice and hearing requirements contained in division-level designation 5101:6 of the Administrative Code shall apply to changes to the monthly child care family copayment. When the eligibility determiner CDJFS intends to increase the copayment, the family shall be provided prior written notice of the action. The eligibility determiner CDJFS shall use the JFS 04065 "Prior Notice of Right to a State Hearing" (Rev. 5/2001), and the notice shall be mailed or personally delivered no less than fifteen days prior to the proposed action. The eligibility determiner CDJFS shall issue notice of a change in child care benefits to the family within ten days from the date the change of circumstance was reported by the caretaker.

    (F) The monthly child care family copayment may be paid prior to service delivery.

    (G)(F) All families shall pay the monthly child care family copayment for child care services unless it is the policy of the CDJFS that families eligible for protective child care benefits, in accordance with paragraph (J) of rule 5101:2-16-30 of the Administrative Code, shall not pay a copayment.

    (H)(G) A family shall not be required to pay any part of the monthly child care family copayment which exceeds the total cost of care for any month that child care services are provided, including the initial month of eligibility when the family shall pay the copayment or the cost of care, whichever is less.

    (I)(H) A family shall not be required to pay fees to the child care provider which are the responsibility of the CDJFS, pursuant to as required in rule 5101:2-16-41 of the Administrative Code and the terms agreed to in (4) of the JFS 01224 "Purchase of Child Care Services Contract" "Contract for Purchase of Publicly Funded Child Care Services" (Rev. 7/2005), including the difference between the reimbursement ceiling and the provider's customary charge to the public when the customary charge is higher.

    (J)(I) In addition to the monthly child care family copayment established by the eligibility determiner pursuant to paragraph (A) of this rule CDJFS , the family may be required to pay fees which are not the responsibility of the CDJFS upon satisfactory arrangements with the child care provider. These types of fees include, but are not limited to, the following:

    (1)   Late fees;.

    (2)   Activity fees;.

    (3)   Transportation fees;.

    (4)   Fees charged for absentee days which exceed those reimbursed by the CDJFS;.

    (5)   Fees charged by the provider for child care services which exceed the hours and days authorized by the eligibility determiner CDJFS .

    (K)(J) The monthly child care family copayment amount for which the family is responsible shall be subtracted from the provider's reimbursement prior to payment by the CDJFS.

    (L)(K) Collection of the monthly child care family copayment and fees listed in paragraph (J) of this rule shall be the responsibility of the provider who is providing child care services for the family.

    (M)(L) The eligibility determiner CDJFS shall inform the provider of the amount of the monthly child care family copayment.

    (N)(M) The provider shall establish a written agreement for payment of the monthly child care family copayment and fees, signed by both the provider and the caretaker, to which the caretaker shall adhere.

    (O)(N) When the monthly child care family copayment is delinquent more than ten days from the due date established in the caretaker/provider written copayment schedule, a record of delinquent copayments shall be submitted by the provider to the eligibility determiner CDJFS no later than fifteen days from the due date established in the caretaker/provider written copayment schedule.

    (P)(O) Upon determination by When the eligibility determiner CDJFS has verified that the monthly child care family copayment is delinquent, child care benefits shall be terminated after the family has been provided prior written notice of the action. The eligibility determiner CDJFS shall use the JFS 04065 "Prior Notice of Right to a State Hearing", and the notice shall be mailed or personally delivered no less than fifteen calendar days prior to the proposed action.

    (Q)(P)  Ineligibility  for  child  care  benefits  shall  continue  as  long  as  delinquent

    copayments are owed, unless satisfactory arrangements are made to pay delinquent copayments. Arrangements to pay delinquent copayments shall be satisfactory to both the caretaker and the provider.

    Effective:                                                     07/01/2005

    CERTIFIED ELECTRONICALLY

    Certification

    07/01/2005

    Date

    Promulgated Under:                           119.03

    Statutory Authority:                           5104.34, 5104.38

    Rule Amplifies:                                  5104.01, 5104.30, 5104.34, 5104.341, 5104.38

    Prior Effective Dates:                         4/1/90 (Emer), 6/22/90, 5/1/91 (Emer), 7/1/91, 11/1/91

    (Emer), 1/20/92, 7/6/92 (Emer), 10/1/92, 6/1/93 (Emer), 7/2/93 (Emer), 8/20/93, 10/2/95 (Emer), 12/26/95, 10/1/97 (Emer), 12/30/97, 1/1/99, 2/14/02,

    7/18/03

Document Information

Effective Date:
7/1/2005
File Date:
2005-07-01
Last Day in Effect:
2005-07-01
Rule File:
5101$2-16-39_PH_EM_AE_RU_20050701_0916.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5101:2-16-39. Copayment for publicly funded child care benefits