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

  • Text Box: ACTION: Emergency Text Box: DATE: 07/01/2011 1:23 PM

     

     

     

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

     

     

     

    (A)   Each family with a monthly income of ten dollars or more shall be assessed have a copayment based on family size and gross monthly income. The copayment shall be assigned at the time the county department of job and family services (CDJFS) determines eligibility.

     

    (1)The assigned copayment shall be paid to the provider in each copayment calendar month according to the "Child Care Copayment Calendar" that appears in the appendix to this rule.

     

    (2)(1) The amount of the copayment amount shall be determined according to the "Child Care Copayment Chart" appropriate copayment chart that appears in the appendix to this rule.

     

    (3)(2) The copayment shall not exceed ten per cent of the family's monthly income.

     

    (B)   The county department of job and family services shall determine the copayment at the time the family submits an application and supporting documentation. The copayment amount shall be in effect for the entire twelve-month eligibility period unless any of the following occurs:

     

    (1)    The caretaker reports a change in family income, family size, or both, that reduces the amount of the copayment, and the CDJFS approves the reduction.

     

    (2)   A documented increase in family income or a reduction in family size occurs within the first thirty calendar days of the date of an initial eligibility determination.

     

    (3)   An incorrect copayment was assessed by the 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 Ohio department of job and family services (ODJFS) requires a change in the copayment.

     

    (5)   If the CDJFS proposes a change in the copayment or termination of child care benefits, the CDJFS shall use the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001), or its computer-generated equivalent. The notice shall be sent no less than fifteen calendar days prior to the date of the proposed action.

     

    (C)     The  copayment  shall  be  recalculated  as  part  of  the  annual  redetermination  of

     

     

     

    eligibility. Any change to the copayment made at the time of the redetermination shall be effective from the first day of the new eligibility period.

    (D)   The CDJFS shall waive the copayment for families eligible for protective child care benefits.

    (E) The copayment amount will be equally distributed among all authorizations within a week. The caretaker will be notified of the copayment amounts.

    (E)(F) A family shall not be required to pay any part of the copayment assigned for a child's authorization or the child's which exceeds the total cost of care for the week, whichever amount is lower any month that the provider receives reimbursement for publicly funded child care . The child's cost of care for the week includes payment reimbursement to the provider for absent days.

    (G) The provider shall be responsible for collecting the assigned copayment.

    (F)(H) In addition to the copayment assigned for a child's authorization copayment , the family may be required by the provider to pay fees which are not included in the provider's reimbursement publicly funded payment that ODJFS makes to the provider as stated in rule 5101:2-16-41 of the Administrative Code. The caretaker and provider shall make satisfactory arrangements for payment of such fees. These types of fees include, but are not limited to, the following:

    (1) Late fees.

    (2) Activity fees.

    (3) Transportation fees.

    (4) Charges for absent days which exceed those eligible for reimbursement as required by paragraphs (D) and (E) of rule 5101:2-16-41 of the Administrative Code.

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

    (G)(I) A family provider shall not be required require a caretaker to pay reimbursable fees to the child care provider in accordance with rule 5101:2-16-41 of the Administrative Code and the terms agreed to in the JFS 01144 "Provider Agreement for Publicly Funded Child Care Services" (1/2010), including the difference between the reimbursement payment rate and the provider's customary charge to the public when the customary charge is higher.

    (H)The  copayment  shall  be  subtracted  from  the  provider's  reimbursement  prior  to

    payment.

    (I) The provider shall be responsible for the collection of the copayment and provider fees.

    (J)   The CDJFS shall inform the provider will be notified of the amount of the copayment that is assigned for a child's authorization.

    (K)   The provider shall establish a written agreement for payment of the copayment and fees, . The agreement shall be signed and dated by both the provider and the caretaker. The provider shall give a copy of the written agreement to the caretaker and shall retain a copy for review by the CDJFS.

    (1) The caretaker shall adhere to this agreement by paying the copayment each month according to the "Child Care Copayment Calendar" that appears in the appendix to this rule.

    (2) The provider shall give a copy of the written agreement to the caretaker and shall retain a copy for review by the CDJFS.

    (L)    If When the an assigned copayment is delinquent more than ten calendar days two weeks from the date established in the written copayment agreement, the provider shall submit a record of the delinquent copayment to the CDJFS no later than fifteen calendar days three weeks from the date the copayment was due.

    (M)   If the CDJFS has verified that the copayment is delinquent, child care benefits shall be terminated after the caretaker has been provided prior written notice of the action. The CDJFS shall notify the caretaker by sending the JFS 04065 or its computer-generated equivalent.

    (N)    A caretaker shall be ineligible for child care benefits as long as if a delinquent copayment is owed, unless satisfactory arrangements are made to pay the delinquent copayment. Arrangements to pay a delinquent copayment shall be satisfactory to both the caretaker and the provider.

    Effective:                                                     07/01/2011

    CERTIFIED ELECTRONICALLY

    Certification

    07/01/2011

    Date

    Promulgated Under:                           119.03

    Statutory Authority:                           5104.011, 5104.34, 5104.38

    Rule Amplifies:                                  5104.011, 5104.30, 5104.34, 5104.341

    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, 6/9/03, 2/1/05 (Emer.), 4/1/05, 7/1/05 (Emer.), 10/1/05, 7/1/06, 2/1/07, 7/1/07, 7/1/08, 7/23/09 (Emer.), 10/21/09, 3/28/10

Document Information

Effective Date:
7/1/2011
File Date:
2011-07-01
Last Day in Effect:
2011-07-01
Rule File:
5101$2-16-39_PH_EM_AE_RU_20110701_1323.pdf
Related Chapter/Rule NO.: (1)
Ill. Adm. Code 5101:2-16-39. Copayment for publicly funded child care benefits