5101:2-16-41 Payment rates and procedures for providers of publicly funded child care.  

  • Text Box: ACTION: Refiled Text Box: DATE: 07/21/2005 2:23 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Job and Family Services

    Agency Name

     

    Division of Social Services                                  Mike Lynch

    Division                                                                  Contact

     

    30 E. Broad St., 31st Floor Office of Legal Services Columbus OH 43215-3414

    466-4605               752-8298

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    5101:2-16-41

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Reimbursement rates for providers of publicly funded child

    care.

    RULE SUMMARY

    1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 5104.30

    5.  Statute(s) the rule, as filed, amplifies or implements: 5104.30, 5104.35

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    This rule is being proposed for adoption to implement new rates of reimbursement for providers of publicly funded child care. As a result of the completion of a market rate survey and analysis of the data obtained, the department is changing reimbursement rates.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    This rule sets forth the reimbursement rates and the days for which providers of publicly funded child care are eligible for reimbursement. The rule changes include new definitions for full-time and part-time weekly reimbursement and hourly reimbursement. Appendix A of this rule has been revised to show the new reimbursement rates.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

    In paragraph (B) (2), the second sentence was deleted and is now included in paragraphs (C) and (F). Language was added to (C) (2) and (3) to clarify that a provider's reimbursement cannot exceed the customary charge to the public.

    Language in (F) and subparagraphs (1), (2), and (3) was added to clarify the payment of a higher reimbursement rate for providers who care for children during non-traditional hours and that those rates cannot exceed the customary charge to the public. Corrections were made to the revision dates of forms that are cited in paragraphs (L) and (M). JFS 01224 "Contract for Purchase of Publicly Funded Child Care Services" and JFS 01224 "Certificate of Authorization for Payment"

    have revision dates of 10/2005.

    12.  119.032 Rule Review Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase/ decrease either revenues /expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will increase expenditures.

    $91,555,329.00

    The funding for the proposed rule change was included in the department's budget in Am. Sub. HB 66 Section 206.67 Publicly Funded Child Care.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    The appropriation lines affected by the proposed rule are: ALI:600-689 TANF Block Grant and ALI:600-617 Day Care Federal.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    Any additional administrative cost associated with the proposed rule should be minimal and will be absorbed within the department's operational budget.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No