Lawriter - OAC - 5101:2-16-41 Reimbursement rates for providers of publicly funded child care.

5101:2-16-41 Reimbursement rates for providers of publicly funded child care.

(A) The reimbursement rates established by the department shall apply to all providers of publicly funded child care. Publicly funded child care may only be provided in a child's own home by an in-home aide.

(B) Each county department of job and family services (CDJFS) shall pay licensed child care center providers, licensed type A home 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, a reimbursement rate that is the lowest of the following:

(1) The provider's customary charge to the public. The provider's customary charge to the public includes any discounts offered by the provider except for discounts that are based on the income level of a family.

(2) A rate negotiated between the CDJFS and the provider, if the negotiated rate is agreeable to the provider and the provider routinely serves at least seventy-five per cent of enrolled children who are eligible for publicly funded child care.

(3) A rate that is listed in appendix A to this rule. When a rate in appendix A is used, the following requirements apply:

(a) The rate paid to a center provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for licensed child care centers.

(b) The rate paid to a type A provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for licensed type A homes.

(c) The rate paid to a type B provider shall be no more than one hundred percent of the rate shown in appendix A to this rule for type B providers with professional certification.

(d) The rate paid to an agency inspected (AI) limited provider shall be no more than one hundred per cent of the rate shown in appendix A to this rule for agency inspected (AI) type B providers with limited certification.

(e) The rate paid to a parent provider inspected provider (PPI) shall be no more than one hundred per cent of the rate shown in appendix A to this rule for parent provider (PPI) limited certified type B providers.

(C) Reimbursement to providers for the care of a child shall be made for full-time weekly care, part-time weekly care or hourly care.

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

(2) A full-time week for licensed child care centers and licensed type A homes is twenty-five hours to sixty hours of care. Reimbursement for more than sixty hours of care in a week shall be made at the hourly rate. The total reimbursement for the week shall not exceed the provider's customary charge to the public.

(3) A full-time week for certified home providers is twenty-five hours to fifty hours of care. Reimbursement for more than fifty hours of care in a week shall be made at the hourly rate. The total reimbursement for the week shall not exceed the provider's customary charge to the public.

(4) A part-time week is seven hours to twenty-four and nine-tenths hours of care.

(5) Hourly reimbursement shall be made when one-tenth of an hour up to six and nine-tenths hours of care are provided in a week.

(6) Summer school age reimbursement ceiling rates shall be in effect during weeks in May, June, July, August and September when the school in which the child is enrolled is not in session due to a summer break. Reimbursement shall be made for the entire week.

(D) A provider shall be reimbursed for up to ten absent days per child during each six-month period that care is provided. An absent day means any day that a child is authorized to be in the care of the provider, but is not in attendance, and child care would have been provided had the child been present with the provider. Each six-month period shall be January first through June thirtieth and July first through December thirty-first of each year. The provider shall report any absent day regardless of the effect on reimbursement.

(E) Reimbursement rates for in-home aides shall comply with all of the following:

(1) Each CDJFS shall establish or negotiate a payment rate for in-home aides, not to exceed eight dollars per hour for forty or less hours in a week.

(2) At least the hourly minimum wage shall be paid for forty or less hours in a week.

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

(F) Providers who provide care in the following three situations shall be reimbursed at five per cent above the rate for which the CDJFS contracts with the provider, in accordance with paragraph (B) of this rule, up to a maximum of fifteen per cent additional. The provider shall be reimbursed at a rate above the maximum reimbursement rate, as shown in appendix A to this rule, if the payment of one or more of these additional five per cent allowances causes the provider's rate to exceed the maximum reimbursement rate. The total reimbursement shall not exceed the provider's customary charge to the public.

(1) Providers who care for children with special needs shall be reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. The total reimbursement shall not exceed the provider's customary charge to the public. 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 reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. 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. The total reimbursement shall not exceed the provider's customary charge to the public. Non-traditional hours are hours between seven p.m. and six a.m. on weekdays, and between six a.m. Saturday and six a.m. Monday.

(3) Providers who have attained accreditation shall be reimbursed at a rate of five per cent higher than the rate for which the CDJFS contracts with the provider. The total reimbursement shall not exceed the provider's customary charge to the public. The new rate shall apply to all publicly funded children. Acceptable accreditations are limited to the following:

(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) National afterschool association (NAA).

(f) A rating earned through the state quality rating system.

(G) 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 no longer receives publicly funded child care from the provider. Advance payments or deposits are limited to the customary charge to the public or the reimbursement rate, whichever is lower.

(H) If a child care provider charges a registration fee as a customary fee to the public, the CDJFS shall pay such a fee no more than twice in a twelve-month period and only if the registration fee is for a different program. Reimbursement for a registration fee is limited to the amount of the customary fee to the public or twenty-five dollars, whichever is less.

(I) Reimbursement for activity fees is limited to the customary charge to the public. Activity fees shall be added to the provider's reimbursement rate and shall not exceed the maximum reimbursement rate for the provider as listed in appendix A to this rule.

(J) Transportation provided by child care providers for routine transportation may be an allowable cost for reimbursement 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. Transportation provided by someone other than the child care provider is not an allowable cost for reimbursement. 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 maximum reimbursement rate for the provider as listed in appendix A to this rule.

(K) The CDJFS shall reimburse the certified type B provider or in-home aide 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.

(L) As required by JFS 01224 "Contract for Purchase of Publicly Funded Child Care Services" (rev. 1/2007), the CDJFS shall require providers to report to the CDJFS when a child is absent and there is loss of contact with the caretaker that exceeds two consecutive days. The CDJFS shall contact the caretaker to verify the continued child care needs of the family. The CDJFS shall then contact the provider to verify if the child is authorized to continue to use the services of the provider.

(M) The requirements of this rule apply to the reimbursement of publicly funded child care services provided for in a contract between a provider and the CDJFS that is entered into with the JFS 01224, the JFS 01140 "Certificate of Authorization for Payment" (rev. 1/2007) or a similar contract approved by the Ohio department of job and family services (ODJFS).

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Effective: 6/28/2007
Five Year Review (FYR) Dates: 8/1/2009
Promulgated Under: 119.03
Statutory Authority: 5104.30
Rule Amplifies: 5104.30 , 5104.35
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.)