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

 

 

 

TO BE RESCINDED

 

5101:2-16-41               Reimbursement ceilings for child care providers.

 

 

 

(A)  Reimbursement ceilings shall apply to all publicly funded child care providers.

 

(B)   Each CDJFS shall pay licensed child care centers, licensed type A child care homes, certified type B child care homes , and border state child care providers that are licensed, certified, or otherwise approved by that state to provide child care services, reimbursement that is the lowest of the following:

 

(1)    The provider's customary charge to the public. Any discounts offered by the child care provider shall be included when determining the provider's customary charge to the public, but shall not include discounts offered that are based on the income level of a family;

 

(2)    A rate negotiated between the CDJFS and the provider if such negotiation is agreeable to the provider, and the provider routinely serves at least seventy-five per cent publicly funded children. The negotiated rate shall then be considered that provider's customary charge for the purpose of reimbursement of publicly funded child care; or

 

(3)   The reimbursement ceilings listed in appendix A of this rule and are:

 

(a)   No more than one hundred per cent of the ceilings for licensed child care centers and type A homes;

 

(b)    No more than one hundred per cent of the ceilings for type B providers with professional certification;

 

(c)    No more than seventy-five per cent of the ceilings for agency inspected (AI) type B providers with limited certification;

 

(d)   No more than sixty per cent of the ceilings for parent/provider inspected (PPI) type B providers with limited certification.

 

(C)  Reimbursement rates for in-home aides.

 

(1)   Each CDJFS shall establish or negotiate its payment rate for in-home aides not to exceed the state maximum rate of eight dollars per hour for a work week of forty hours or less. Rates paid shall comply with the Fair Labor Standards Act.

 

 

 

(2)   At least minimum wage shall be paid for a work week of forty hours or less; and

(3)    A rate of one and one half times the regular rate shall be paid for hours in excess of forty in a work week.

(D)    When the hours of child care provided to a child exceed sixty hours per week or twelve hours per day, the provider may be reimbursed for the additional hours at a rate not to exceed the hourly reimbursement ceiling or the provider's customary charge to the public, whichever is less.

(E)   Child care providers who provide care to children with special needs according to the definition in rule 5101:2-16-01 of the Administrative Code, or children whose caretaker works non-traditional hours may be reimbursed at a rate up to five per cent higher than the reimbursement ceiling for each provider type, not to exceed the provider's customary charge to the public.

(F)   Child care providers who have attained accreditation may be reimbursed at a rate up to five per cent higher than the established ceiling for each provider type, not to exceed the provider's customary charge to the public. Currently established child care provider accreditations include:

(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; and

(5)   National school-age care alliance (NSACA).

(G)   To determine a monthly reimbursement rate, the applicable weekly rate is multiplied by 4.3 weeks. To determine a daily reimbursement rate, the weekly rate is divided by five.

(H)   If a child care provider charges a deposit or requires advance payment as a customary fee to the public, the CDJFS may pay such a fee. Such fees must be deducted from the provider's reimbursement when the child ceases to receive publicly funded child

care from the provider. Advance payments or deposits are limited to the customary charge to the public or the reimbursement ceiling, whichever is lower.

(I)   If a child care provider charges a registration fee as a customary fee to the public, the CDJFS may pay such a fee at the initial enrollment of the child. If the registration fee is charged on an annual basis, subsequent annual fees may be paid. Reimbursement for registration fees is limited to the customary fee to the public or twenty-five dollars, whichever is lower.

(J)     Reimbursement for activity fees is limited to the customary charge to the public. Activity fees shall be added to the reimbursement rate and shall not exceed the reimbursement ceilings as listed in appendix A of this rule.

(K)   Transportation provided by child care providers for routine transportation may be an allowable child care cost when provided as part of the child care service for transportation of the child to and from the child's home or to and from the child's school or another educational program. Transportation provided by other than the child care provider is not an allowable child care cost.

Reimbursement for transportation is limited to the customary charge to the public. Transportation fees shall be added to the reimbursement rate and shall not exceed the reimbursement ceilings as listed in appendix A of this rule.

(L)    The CDJFS shall reimburse the certified type B home provider or in-home aide for emergency care for unplanned absences and substitute care for planned absences.

(M)   The CDJFS shall reimburse the certified type B home provider or in-home aide when a child is away from the home for short time periods as outlined in Chapter 5101:2-14 of the Administrative Code, when the CDJFS expects the provider to remain available to care for the child as necessary and to receive the child into care after the end of an outing.

(N)   The CDJFS shall reimburse ten absentee days per child during each six-month period that care is provided to a child. "Absentee" day means any day that a child is authorized to be in care but is not in attendance, and child care would have been provided had the child been present with the child care provider. Each six month period shall be January 1 through June 30 and July 1 through December 31 of each year. Gaps in child care services, pursuant to paragraph (I) of rule 5101:2-16-30 of the Administrative Code, are not considered to be absentee days.

(O)    Pursuant to the JFS 01224 "Purchase of Child Care Services Contract", the CDJFS shall require each provider to report to the CDJFS any absentee day, as defined in paragraph (A) of rule 5101:2-16-01 of the Administrative Code, regardless of the

effect on reimbursement. An absentee day shall be reported when there is loss of contact that exceeds two consecutive days. The continued enrollment of the child with the provider shall be verified. Failure of the provider to report timely may result in the termination of payment after the second consecutive day.

(P)     These rules apply to the reimbursement of publicly funded child care services provided for in the JFS 01224 "Purchase of Child Care Services Contract", the JFS 01141 "Certificate of Authorization for Payment", or a similar certificate approved by ODJFS.

Effective:                                                     10/01/2005

R.C. 119.032 review dates:                         04/15/2005

CERTIFIED ELECTRONICALLY

Certification

08/24/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.38, 5104.30

Rule Amplifies:                                  5104.01, 5104.30, 5104.31, 5104.32, 5104.38

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