(A)Each Title IV-E agency shall create a
contract with a SUD residential facility, as defined in rule 5101:2-1-01 of the
Administrative Code, for placement of a child(ren) with a parent in a licensed
family-based residential treatment facility for substance abuse to be signed by
the Title IV-E agency and SUD residential facility. All contracts shall include
but are not limited to the following:
(1)Scope of services to be provided.
(2)Beginning and ending dates for which
the contract terms will be binding upon the parties.
(3)Appropriate remedies for breach of
contract.
(4)Provisions for termination and
suspension.
(5)Record retention requirements for
financial records, census records, client records and documentation of legal
compliance with Administrative Code rules.
(6)Requirements that the provider shall
not permit funds to be paid or committed to be paid to any corporation, firm,
association or business in which any of the members of the governing body of
the agency, the executive personnel or their immediate families have any direct
or indirect financial interest, or in which any of these persons serve as an
officer or employee, unless the services or goods involved are provided at a competitive
cost or under terms favorable to the provider.
(7)The SUD residential facility shall
engage an independent public accountant to conduct an annual audit of its
financial statements. An agreed upon procedures engagement shall be conducted
using the JFS 02913 "Title IV-E Agreed Upon Procedures" (9/2014)
engagement.
(8)Requirements that the provider adhere
to the following financial reporting principles:
(a)Generally accepted accounting
principles for maintaining all financial records. Appropriate documentation for
each financial transaction shall be available for examination upon request by
the Title IV-E agency, the Ohio department of job and family services, the Ohio
auditor of state, or the United States department of health and human services.
(b)Rule 5101:2-47-11 of the Administrative
Code "Reimbursement for Title IV-E Foster Care Maintenance (FCM) Costs for
Children's Residential Centers (CRC), Group Homes, Maternity Homes, Residential
Parenting Facilities, Private Foster Homes, and Substance Use Disorder (SUD)
Residential Facilities."
(c)Rule 5101:2-47-26.1 of the
Administrative Code "Public Children Services Agencies (PCSA), Private
Child Placing Agencies (PCPA), Private Noncustodial Agencies (PNA), Residential
Care Facilities, Substance Use Disorder (SUD) Residential Facilities: Title
IV-E Cost Report Filing Requirements, Record Retention Requirements and Related
Party Disclosure Requirements."
(d)Rule 5101:2-47-26.2 of the
Administrative Code "Cost Report "Agreed Upon Procedures"
Engagement."
(e)JFS 02911-I "Instructions for
Completing JFS 02911, Title IV-E Single Cost Report" (rev. 8/2018).
(f)The allowable and unallowable cost
principles contained in the office of management and budget 2 C.F.R. Part 200
(2014) (www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-part200/content-detail.html).
(B)Each Title IV-E agency shall enter all
required contracting information into the statewide automated child welfare
information system (SACWIS) to be able to enter a placement of a child with a
parent in a SUD residential facility.
(C)At a minimum, the agreed upon per diem
for placement maintenance and placement administration shall be specified and
be attached to the contract.
(D)Invoicing procedures shall at a minimum
correspond to the agreed upon per diem as specified in SACWIS and on the
contract. All invoices shall include but are not limited to the following:
(1)Provider's name, address, telephone
number, fax number, federal tax identification number, Title IV-E provider number,
if applicable and the medicaid provider number, if applicable.
(2)Billing date and the billing period.
(3)Name of child, child's date of birth,
and the child's statewide automated child welfare information system (SACWIS)
person identification number.
(4)Admission date and discharge date, if
applicable.
(5)Agreed upon per diem amount for the
IV-E reimbursable maintenance costs for the child:
(a)Food, clothing, shelter, and personal
incidentals.
(b)Transportation to maintain the child in
the school in which they were attending prior to placement.
(c)Child care.
(6)Agreed upon per diem amount for other
non-IV-E reimbursable costs associated with the placement of the child
performed by the provider:
(a)Other transportation not specified in
paragraph (D)(5)(b) of this rule.
(b)Other costs the Title IV-E agency
agreed to pay.
(E)Each Title IV-E agency shall establish
a written monitoring procedure to provide reasonable assurance that the terms
and conditions of the contract are being adhered to. Monitoring procedures may
include, but are not limited to a comparison of invoices to the agreed upon per
diem amount in SACWIS to ensure billing accuracy.
Effective: 5/1/2019
Five Year Review (FYR) Dates: 05/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 04/02/2019
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5103.03, 5153.166
Rule Amplifies: 5101.141, 5103.03, 5153.16