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

 

 

 

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

 

 

 

(A)    The payment rates established by the Ohio department of job and family services (ODJFS) shall apply to all providers of publicly funded child care. These rates are shown in the appendix to this rule entitled "Payment Rates for Providers of Publicly Funded Child Care."

 

(B)   The payment rate for licensed child care center providers, licensed type A child care providers, certified type B home child care providers and border state child care providers, who are licensed, certified or otherwise approved by the border state to provide child care services, shall be the lower of the following:

 

(1)   The provider's customary charge to the public.

 

(2)   A rate that is shown in the appendix to this rule.

 

(C)The provider's publicly funded child care payment shall not include any child's copayment amount.

 

(C)(D) Licensed child care centers, licensed type A homes, certified type B homes, approved or accredited child day camps and child care providers otherwise approved by the border state to provide child care services shall be paid for full-time weekly care, part-time weekly care or hourly care. The total payment for the week shall not exceed the provider's customary charge to the public.

 

(1)   A week is the seven-day period from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. Saturday. Payment shall be made for the entire week.

 

(2)   A full-time weekly payment is for authorized care totaling twenty-five hours to sixty hours of care. Authorized hours of care which exceed sixty in a week shall be paid at the full-time weekly payment rate plus the hourly rate for each hour of care in excess of sixty.

 

(3)   A part-time weekly payment is for authorized hours of care totaling seven hours to less than twenty-five hours of care.

 

(4)   Hourly payment shall be made for authorized hours of care totaling less than seven hours of care.

 

(5)    Summer school age payment rates shall be in effect beginning on the last Sunday in May and ending on the first Saturday in September. .

 

 

 

 

(D)(E) A child is eligible for a maximum of ten absent days during each six-month period of January through June, and July through December of each state fiscal year.

(E)(F) A provider may be paid for absent days for which a child is eligible during each six-month period that care is provided. The provider shall report any absent days regardless of the effect on payment and the value of an absent day is based on the authorization.

(1)   For a full-time or full-time plus authorization, the value of an absent day is eight hours.

(2)   For a part-time authorization, the value of an absent day is five hours.

(3)   For an hourly authorization, the value of an absent day is five hours.

(F)(G) An in-home aide is the only provider of publicly funded child care who may provide child care in a child's own home. Payment rates for in-home aides shall be determined according to all of the following:

(1)   An in-home aide shall report an hourly rate to ODJFS that is at least minimum wage but does not exceed eight dollars per hour for forty or fewer hours in a week.

(2)   A rate of one and one-half times the reported hourly rate shall be paid for hours in excess of forty in a week.

(3)     The total payment shall include child care services provided to all of the authorized child(ren) in the caretaker's home.

(4)   An in-home aide shall provide care only to the children of one caretaker.

(5)    An in-home aide shall not claim absent days for publicly funded children in their care.

(G)(H) Providers who provide care for children with special needs described in the three provisions listed in this paragraph shall receive be paid an additional five per cent of above the payment rate established in paragraph (B) of this rule. The five per cent amount shall be paid for each provision. The total payment shall not exceed the provider's customary charge to the public and shall apply only to the hours of care for the child with special needs.

(1) Providers who care for children with special needs shall be paid an additional five per cent. The new rate shall apply only to the hours of care for the child with special needs.

(2) Providers who care for children during non-traditional hours shall be paid an additional five per cent. The new rate shall apply to the child for all hours of care during a week when any non-traditional hours of care are provided. Non-traditional hours are hours between seven p.m. and six a.m. on weekdays, and between twelve a.m. Saturday and six a.m. Monday. Non-traditional hours include any hours of care provided on New Year's day, Thanksgiving day, Christmas day, Memorial day, Labor day, Independence day and Martin Luther King Jr. day.

(3) Providers who have a step up to quality (SUTQ) rating or one of the accreditations listed in this paragraph shall be paid an additional five per cent. The new rate shall apply to all publicly funded children.

(a) National association for the education of young children (NAEYC).

(b) National early childhood program accreditation (NECPA).

(c) National accreditation commission for early care and education programs (NAC) managed by the national association of child care providers (NACCP).

(d)National association for family child care (NAFCC).

(e) Council on accreditation (COA)

(f)Association of christian schools international (ACSI)

(I) Providers who care for children during non-traditional hours shall be paid an additional five per cent of the payment rate established in paragraph (B) of this rule. This rate shall apply to the child for all hours of care during a week when any non-traditional hours of care are provided. The total payment shall not exceed the provider's customary charge to the public.

(1) Non-traditional hours are hours between seven p.m. and six a.m. on weekdays and between twelve a.m. Saturday and six a.m. Monday.

(2) Non-traditional hours include any hours of care provided on New Year's day, Thanksgiving day, Christmas day, Memorial day, Labor day, Independence day and Martin Luther King, Jr. day.

(J) Providers who have a step up to quality (SUTQ) rating or one of the accreditations listed  below  shall  be  paid  an  additional  seven  per  cent  of  the  payment  rate

established in paragraph (B) of this rule. This rate shall apply to all publicly funded children. The total payment shall not exceed the provider's customary charge to the public.

(1) National association for the education of young children (NAEYC).

(2) National early childhood program accreditation (NECPA).

(3) National accreditation commission for early care and education programs (NAC) managed by the national association of child care providers (NACCP).

(4) National association for family child care (NAFCC).

(5) Council on accreditation (COA).

(6) Association of christian schools international (ACSI).

(H)(K) Providers with two star or three star SUTQ ratings shall be paid an additional five seven per cent for a two-star rating or an additional ten twelve per cent for a three-star rating above the payment rate established in paragraph (B) of this rule. The provider's customary charge to the public or the payment rate as shown in the appendix to this rule may be exceeded with the addition of these amounts.

(L) Providers shall make caretakers aware of fees for which the caretakers are responsible and that are not included in the payment that ODJFS makes to the provider. The provider shall have an agreement with caretakers for payment of these fees. Such fees may include the following:

(1) Late fees.

(2) Activity fees.

(3) Transportation fees.

(4) Registration fees.

(5) Charges for absent days which exceed those eligible for payment from ODJFS.

(6) Charges for hours of care that exceed those authorized.

(M) A provider shall not require a caretaker to pay the difference between the provider's payment rate and the provider's customary charge to the public when the customary charge is higher.

(I) A provider may be paid for a registration fee if it is a customary fee to the public. This fee shall be paid no more than twice in a twelve-month period and only if the

registration fee is for a different program. Payment for a registration fee is limited to the amount of the customary fee to the public or twenty-five dollars, whichever is less.

(J) Payment for activity fees is limited to the customary charge to the public. Activity fees shall be added to the provider's payment rate and shall not exceed the maximum payment rate for the provider as shown in the appendix to this rule.

(K) Payment may be made for transportation provided by child care providers for routine transportation when it is included in the provider's services and the transportation is for the child to and from the child's home, or to and from the child's school or another educational program. Payment shall not be made for transportation provided by someone other than the child care provider. Payment for transportation is limited to the customary charge to the public. Transportation fees shall be added to the payment rate and shall not exceed the maximum payment rate for the provider as shown in the appendix to this rule.

(L)(N) The professional certified type B provider or in-home aide shall be paid for care provided as emergency care to cover the provider's unplanned absences and for care provided as substitute care for planned absences if an approved emergency or substitute caregiver cares for the children during these absences.

(M)(O) Providers shall report to the CDJFS when a child is absent and there is a loss of contact with the caretaker that exceeds two consecutive days.

(N)(P) A licensed child care center or licensed type A home that provides false or misleading information to obtain payment for publicly funded child care may be determined to be in noncompliance pursuant to rules 5101:2-12-09 and 5101:2-13-09 of the Administrative Code.

(O)(Q) A provider or a person acting in any capacity for the provider shall not use the swipe card of a caretaker to record the attendance of a child who is authorized for care from the provider.

Effective:                                                     07/29/2011

CERTIFIED ELECTRONICALLY

Certification

07/29/2011

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.30, 5104.35, 5104.38, 5104.39, 5104.42

Rule Amplifies:                                  5104.30, 5104.35, 5104.38, 5104.39, 5104.42

Prior Effective Dates:                         7/1/89 (Emer.), 9/28/89, 4/1/90 (Emer.), 7/1/90,

(Emer.), 9/30/90, 5/1/91 (Emer.), 7/1/91, 11/1/91, (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 1/1/94, 10/1/97 (Emer.), 12/30/97, 5/8/98 (Emer.), 8/1/98,

6/10/00, 1/1/01, 2/22/02, 6/9/03, 7/1/05 (Emer.),

9/26/05, 1/13/06 (Emer.), 4/13/06, 1/1/07, 3/30/07, (Emer.), 6/28/07, 7/1/2008, 7/23/09 (Emer.), 8/12/09 (Emer.), 11/8/09, 3/28/10, 5/1/11