5101:2-16-44 Provider agreement for payment of publicly funded child care.

(A) The Ohio department of job and family services (ODJFS) will pay eligible child care providers for publicly funded child care services provided to eligible caretakers.

(B) Providers are eligible for payment after they complete the provider agreement with ODJFS and have entered all required information in the provider portal. These required documents are located at: http://jfs.ohio.gov/cdc/CCIDS.stm .

(C) Border state child care providers.

(1) A child care provider may be a provider residing in a border state who is licensed, certified, or otherwise approved by the border state to provide child care services.

(2) A child care provider residing in a border state may be paid for providing publicly funded child care to an eligible child who resides in Ohio.

(3) Payment to a provider residing in a border state shall be the provider's customary charge or the reimbursement rate for the county in which the eligible child resides, whichever is less.

(D) An eligible child care provider, who provides child care services for a caretaker who is potentially eligible for publicly funded child care benefits, shall be paid for child care services provided from the date the county department of job and family services (CDJFS) authorizes the child to the provider.

(E) A child care provider shall submit all data for the calculation of payments in accordance with instructions from ODJFS provided in the provider portal.

(F) Payment for publicly funded child care services shall be contingent upon the availability and appropriation of state and federal funds.

(G) If a center or type A family child care home has not filed for license renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code, ODJFS will terminate the provider agreement on the same date the license expires.

(H) The provider agreement shall remain in effect for a licensed child care center, licensed type A family child care home or licensed school child care center if an application has been filed for license renewal within the timeframe and manner prescribed in Chapters 5101:2-12 and 5101:2-13 of the Administrative Code but ODJFS or the Ohio department of education (ODE) has not yet acted on the application for license renewal. The child care center, type A family child care home, or school child care center, may continue to operate under the provisions of section 119.06 of the Revised Code .

(I) The provider agreement may be terminated in accordance with the terms contained in the agreement.

(J) The provider agreement shall remain in effect for a certified type B family child care home as long as certification requirements described in Chapter 5101:2-14 of the Administrative Code are maintained.

(K) Providers of publicly funded child care with a valid provider agreement shall not be considered employees of ODJFS but shall be considered independent contractors who are responsible for the requirements of self-employment.

(L) The CDJFS shall maintain all contracts and records on file for three years after the CDJFS makes final payments and all pending matters are closed. The CDJFS shall provide to any federal or state agency, the comptroller general of the United States or any of their duly authorized representatives access to any books, documents, papers and records which are directly pertinent to any audits, examinations, excerpts and transcriptions regarding publicly funded child care contracts.

(M) Funds for the administration of the publicly funded child care program may be used by the CDJFS as follows:

(1) To contract with a government entity or private, nonprofit entity for that entity to inspect and certify type B family child care home providers and in-home aides.

(2) To contract with a child care provider or a resource and referral agency to:

(a) Determine eligibility for publicly funded child care benefits in accordance with Chapter 5101:2-16 of the Administrative Code.

(b) Collect specific information for use by the CDJFS in determining eligibility for publicly funded child care benefits.

(N) For purposes of utilizing administrative funds for child care , each CDJFS shall develop its own contract document. This contract document shall meet current ODJFS and county requirements which govern such contracts.

Effective: 06/01/2011
R.C. 119.032 review dates: 01/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.30 , 5104.38
Rule Amplifies: 5104.32
Prior Effective Dates: 7/1/89 (Emer.), 9/28/89, 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/29/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 9/1/93, 10/1/97 (Emer.), 12/30/97, 6/10/00, 5/12/02, 7/1/03, 2/1/07, 2/1/08, 7/1/08, 10/21/09, 3/28/10