LAW
Writer®
Ohio Laws and Rules
(A) The CDJFS may request a waiver of the reimbursement ceiling, up to twice the rate allowable pursuant to rule 5101:2-16-41 of the Administrative Code, when it is necessary to purchase child care services based on the documented special needs of a child. These needs may include but are not limited to, requiring a lower staff/child ratio or providing an adaptive environment in order to provide child care pursuant to paragraph (AA) of rule 5101:2-16-01 of the Administrative Code.
(B) In order to request a reimbursement ceiling waiver for a child, the CDJFS shall submit a completed JFS 01231 “Request For Reimbursement Ceiling Waiver” (rev. 1/2007) to ODJFS, bureau of child care and development.
(C) The CDJFS shall also submit to ODJFS documentation of the provider’s customary charge to the public for these services and documentation that these services cannot be purchased within the county’s designated reimbursement ceiling.
(D) The CDJFS shall maintain on file the following documentation for each publicly funded child for whom a reimbursement ceiling waiver is applicable.
(1) A written statement from a licensed physician, psychologist or other professional with the appropriate credentials to make such a diagnosis regarding the child’s physical or mental disability.
(2) A written IEP, IFSP or a documented individualized plan for the care of the child as required by rules 5101:2-14-27, 5101:2-12-38 and 5101:2-13-38 of the Administrative Code, which is signed by the parent and provider and maintained on file with the provider.
(3) A written statement of the child’s need for child care services which are not reimbursable from other sources such as, but not limited to:
(a) Title XIX of the Social Security Act of 1965.
(b) Services available through the Ohio department of mental retardation and developmental disabilities.
(c) Head start services authorized under Title VI, sub title A, chapter 8, sub chapter B of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97 – 35) and Human Services Reauthorization Act of 1990, Title I (P.L. 101 – 501).
(d) The Ohio department of education.
(e) Title XX.
(f) The Ohio department of health.
(E) The CDJFS shall authorize reimbursement in excess of the designated reimbursement ceiling after written approval is obtained from ODJFS. ODJFS shall issue a response to all requests for reimbursement ceiling waivers within thirty calendar days of receipt of such requests. ODJFS shall return all incomplete reimbursement ceiling waiver requests to the CDJFS immediately.
(F) In the event of a lack of available state and/or federal funds for the purchase of publicly funded child care services, ODJFS shall reserve the right to deny all CDJFS requests to waive designated reimbursement ceilings.
(G) The granting of a waiver by ODJFS shall not be construed as constituting precedence for the granting of any other waiver or the subsequent renewal of an existing waiver. All waiver requests shall be considered on an individual basis.
Effective: 02/01/2007
R.C. 119.032 review dates: 10/06/2006 and 02/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.30
Rule Amplifies: 5104.30, 5104.35
Prior Effective Dates: 1/1/94 (Emer.), 3/31/97, 10/1/97 (Emer.), 1/1/99, 5/12/02, 6/9/03