(A) Each family with a monthly income of more than ten per cent of the federal poverty level shall have a weekly copayment based on family size and gross monthly income. The copayment shall be assigned at the time the county department of job and family services (CDJFS) determines eligibility.
(1) The amount of the copayment shall be determined according to the appropriate copayment chart that appears in the appendix to this rule.
(2) The family copayment shall not exceed ten per cent of the family's monthly income.
(B) The copayment amount shall be in effect for the entire twelve-month eligibility period unless any of the following occurs:
(1) The caretaker reports a change in family income, family size, or both, that reduces the amount of the copayment, and the CDJFS approves the reduction.
(2) A documented increase in family income or a reduction in family size occurs within the first thirty calendar days of the date of an initial eligibility determination.
(3) An incorrect copayment was assessed by the CDJFS as a result of agency error, recipient error, or recipient fraud, resulting in corrective action to reduce or increase the family's copayment.
(4) The Ohio department of job and family services (ODJFS) requires a change in the copayment.
(5) If the CDJFS proposes a change in the copayment or termination of child care benefits, the CDJFS shall use the JFS 04065 "Prior Notice of Right to a State Hearing" (rev. 5/2001), or its computer-generated equivalent. The notice shall be sent no less than fifteen calendar days prior to the date of the proposed action.
(C) The copayment shall be recalculated as part of the annual redetermination or reinstatement of eligibility. Any change to the copayment made at the time of the redetermination or reinstatement shall be effective from the first day of the new eligibility period or at time of the reinstatement approval.
(D) The CDJFS shall waive the copayment for families eligible for protective child care benefits.
(E) The copayment amount will be equally distributed among all authorizations within a week. The caretaker will be notified of the copayment amounts.
(F) A family shall be required to pay the copayment assigned for a child's authorization or the child's cost of care for the week, whichever amount is lower. The child's cost of care for the week includes payment to the provider for absent days.
(G) The provider shall be responsible for collecting the assigned copayment.
(H) In addition to the copayment assigned for a child's authorization , the family may be required by the provider to pay fees which are not included in the publicly funded payment that ODJFS makes to the provider as stated in rule 5101:2-16-41 of the Administrative Code.
(I) A provider shall not require a caretaker to pay the difference between the payment rate and the provider's customary charge to the public when the customary charge is higher.
(J) The provider will be notified of the amount of the copayment that is assigned for a child's authorization.
(K) The provider shall establish a written agreement for payment of the copayment . The agreement shall be signed and dated by both the provider and the caretaker. The provider shall give a copy of the written agreement to the caretaker and shall retain a copy for review by the CDJFS.
(L) When an assigned copayment is delinquent more than two weeks from the date established in the written copayment agreement, the provider shall submit a record of the delinquent copayment to the CDJFS no later than three weeks from the date the copayment was due.
(M) If the CDJFS has verified that the copayment is delinquent, child care benefits shall be terminated after the caretaker has been provided prior written notice of the action. The CDJFS shall notify the caretaker by sending the JFS 04065 or its computer-generated equivalent.
(N) A caretaker shall be ineligible for child care benefits if a delinquent copayment is owed, unless satisfactory arrangements are made to pay the delinquent copayment. Arrangements to pay a delinquent copayment shall be satisfactory to both the caretaker and the provider.
R.C. 119.032 review dates: 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.341
Prior Effective Dates: 4/1/90 (Emer.), 6/22/90, 5/1/91 (Emer.), 7/1/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 6/1/93 (Emer.), 7/2/93 (Emer.), 8/20/93, 10/2/95 (Emer.), 12/26/95, 10/1/97 (Emer.), 12/30/97, 1/1/99, 2/14/02, 6/9/03, 2/1/05 (Emer.), 4/1/05, 7/1/05 (Emer.), 10/1/05, 7/1/06, 2/1/07, 7/1/07, 7/1/08, 7/23/09 (Emer.), 10/21/09, 5/28/10, 7/1/11 (Emer.), 9/29/11