(A) What is a provider
improper child care payment?
Improper child care payments made to a provider are payments to which
the provider was not entitled. These are as a result of:
(1) An error on the
part of the provider.
(2) An error by the
county agency or the Ohio department of job and family services (ODJFS).
(B) What is misuse of
publicly funded child care or Ohio electronic child care (Ohio ECC) by a provider?
Misuse includes, but is not limited to, a provider:
(1) Possessing or using
an Ohio ECC card issued to a caretaker.
(2) Falsifying attendance
records.
(3) Knowingly seeking
and/or accepting payment for care not provided or for which
the provider was not eligible, including care at an unlicensed location.
(4) Knowingly seeking
and/or accepting payment for child care provided to a child that resides in the
provider's own home.
(C) What are the repayment
procedures for a provider improper child care payment or an overpayment related
to misuse of Ohio ECC?
(1) If the improper
payment is the the result of a county data error, the county agency shall:
(a) Calculate child
care overpayments resulting in an improper payment.
(b) Send a provider
with a current provider agreement a notice of the determined overpayment using the
JFS 01172 "County Agency Notice of Child Care Improper Payment and Repayment
Requirements for Child Care Providers" (rev. 4/2015).
(c) Complete the payment
adjustment process for providers with a current provider agreement and refer all
cases in which the provider does not have a current provider agreement to ODJFS.
(d) Propose revocation
of an in-home aide certification if the in-home aide fails to repay an overpayment.
(2) If the overpayment
is a result of all other improper payments or misuse of Ohio ECC:
(a) ODJFS may recoup
one hundred per cent of the overpayment via payment adjustments, if the provider
is currently receiving payment.
(b) An invoice will
be issued if the provider is not currently receiving payments or for overpayments
unable to be recouped through the adjustment process. The full amount due shall
be submitted to ODJFS within thirty calendar days from the mailing date of the invoice.
(c) After thirty calendar
days any remaining balance will be certified to the office of the attorney general
for collection.
(D) Can a child care
provider request a review of an identified overpayment?
A child care provider may request in writing
to ODJFS that a reconsideration review be conducted for any identified overpayment
that is subject to recoupment.
(1) A child care provider may request in writing
to ODJFS that a reconsideration review be conducted for any identified overpayment
that is subject to recoupment.
(2) The written request must be received by ODJFS
no later than fifteen days after the date the provider receives the overpayment
notice.
(E) What is provider
fraud?
Provider fraud is the willful withholding
or falsification of information by the provider with an intent to deceive or defraud,
resulting in the acceptance of or the receipt of payment for which the provider
was not entitled, as determined by a court of law or the provider's admission.
(1) Provider fraud is the willful withholding
or falsification of information by the provider with an intent to deceive or defraud,
resulting in the acceptance of or the receipt of payment for which the provider
was not entitled, as determined by a court of law or the provider's admission.
(1)(2) The county agency shall recommend to ODJFS the
termination of the provider agreement if a provider has admitted or pleaded guilty
to committing fraud or has been convicted of fraud, as determined by a court of
law.
(2) If a certified in-home aide has admitted
or pleaded guilty to committing fraud or has been convicted of fraud, as determined
by a court of law, the county agency shall propose revocation of the certificate
according to rule 5101:2-14-35 of the Administrative Code.
Effective: 07/09/2017
Five Year Review (FYR) Dates: 08/01/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 06/05/2017
Promulgated Under: 119.03
Statutory Authority: 5104.38
Rule Amplifies: 5104.32, 5104.37, 5104.38
Prior Effective Dates: 6/3/96, 10/1/97 (Emer.), 12/30/97, 1/1/02,
2/1/07, 7/1/08, 3/28/10, 8/28/11, 5/4/14, 8/10/15