** Archive **
CCMPL 12 (July 1, 2005 Rule Changes - ARCHIVE)
Child Care Manual Procedure Letter No. 12
July 11, 2005
TO: All Child Care Manual Users
FROM: Barbara E. Riley, Director
SUBJECT: Implementation of July 1, 2005 Rule Changes

Rule changes contained in Child Care Manual Transmittal Letters No. 64 and No. 65 were effective on July 1, 2005, following the finalization of the state's two-year biennium budget process and the emergency filing of the rules. County Departments of Job and Family Services (CDJFS) received advance copies of these transmittals on July 1, 2005. ORC section 5104.40 states that the CDJFS will be responsible for implementing child care rules thirty days after the effective date or thirty days after the CDJFS receives notice of the rules.

It is the expectation of the department that the CDJFS will implement the emergency rules as soon as possible in order that:

  • increases in family income eligibility levels can be effective
  • authorization of ELI services can be effective, and
  • child care providers can receive the new reimbursement rates for services provided on or after July 1, 2005.

If it is necessary to amend contracts for provider services, the CDJFS may need to consult with county officials, such as the county prosecutor, auditor or commissioners, in order to allow payment of appropriate agreed upon rates effective July 1, 2005. Counties still need to verify that the rates they are negotiating are the lowest of the provider's customary charge to the public, a negotiated rate or the reimbursement rates listed in Appendix A of rule 5101:2-16-41 and abide by payment methodology outlined in this same rule.

During the department's future monitoring and auditing procedures, consideration will be given to the date the county implemented the revisions which will be no later than 30 days after July 1, 2005 according to ORC section 5104.40. Additional criteria to be used will be the applicable contract and amendments, the impact of these rule changes and the documentation of CDJFS actions to reconcile and correct any errors. The department recommends that the CDJFS maintain detailed records for all payments to support any necessary reconciliation to statutory payment rates at a later date. In situations where non-compliance is unavoidable, any costs that are questioned would be accompanied by the identification of the cause of the non-compliance. In this circumstance, the cause would be an immediate change in state rules that could not be implemented timely by CDJFS.

The department is prepared to offer technical assistance in order to support county staff in meeting the terms of the new rules and the statutory language. If you have any questions concerning this procedure letter, please contact the Bureau of Child Care and Development, Monitoring and Technical Assistance Section at 614-466-3822.