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) For the purposes of this rule "provider" means licensed child care center, type A child care providers, certified type B home child care providers (after January 1, 2014, licensed 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.

(C) The payment rate for providers 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.

(D) The rate determined in paragraph (C) of this rule shall be used as the base rate to calculate any applicable additional payment amounts pursuant to paragraphs (I) to (L) of this rule.

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

(F) Licensed child care centers, licensed type A homes, certified or licensed 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 according to the schedule of the school district of attendance or residence if the child is home schooled.

(G) 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.

(H) 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.

(I) Providers who provide care for children with special needs shall be paid an additional five per cent of the payment rate established in paragraph (B) of this rule. 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.

(J) 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.

(K) Providers who have one of the accreditations listed in this paragraph shall be paid an additional ten per cent of the payment rate established in paragraph (B) of this rule. This rate shall apply to all publicly funded children.

(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).

(L) Providers with a SUTQ rating shall be paid the following additional per cent of the payment rate established in paragraph (B) of this rule.

(1) One star rated programs shall be paid an additional five per cent.

(2) Two star rated programs shall be paid an additional ten per cent.

(3) Three star rated programs shall be paid an additional fifteen per cent.

(4) Four star rated programs shall be paid an additional twenty per cent.

(5) Five star rated programs shall be paid an additional twenty-five per cent.

(M) Providers who meet the requirements pursuant to both paragraphs (K) and (L) of this rule for additional percentages shall only be paid the higher of the two payment increases.

(N) 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.

(O) 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.

(P) The professional certified or licensed type B provider or in-home aide shall be paid for care provided on behalf of the provider by an approved emergency or substitute caregiver .

(Q) 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.

(R) 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.

(S) 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.

(T) 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 his or her care.

Click to view Appendix

Click to view Appendix

Effective: 10/01/2013
R.C. 119.032 review dates: 10/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.30 , 5104.35 , 5104.38 , 5104.39
Rule Amplifies: 5104.30 , 5104.35 , 5104.38 , 5104.39
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, 7/1/08, 7/23/09 (Emer.), 8/12/09 (Emer.), 11/8/09, 3/28/10, 5/1/11, 7/29/11 (Emer.), 10/27/11