5101:2-16-39 Appendix A -Copayment
Calculation Table
(A) How is a family
copayment determined?
(1) Each family
with a monthly income of one hundred per cent or less of the federal poverty
level (FPL) shall have a weekly copayment of zero dollars.
(2) Each family
with a monthly income of more than one hundred per cent of the FPL shall have a
weekly copayment based on family size and gross monthly income.
(3) The family
copayment schedule will be published annually in a child care procedure letter.
(4) To calculate
the family's copayment, the county agency shall:
(a) Determine the
family's monthly income pursuant to rule 5101:2-16-34 of the Administrative
Code, and multiply by twelve to calculate the family's annual income.
(b) Divide the
family's annual income by one hundred per cent of the FPL that corresponds to
the family size to determine the family's FPL. The FPL guidelines are published
annually in a child care procedure letter pursuant to rule 5101:2-16-30 of the
Administrative Code.
(c) Round the
family's FPL determined in paragraph (A)(4)(b) of this rule up to the next five
per cent (for example, one hundred two per cent FPL is rounded to one hundred
five per cent FPL).
(d) Using the FPL
determined in paragraph (A)(4)(c) of this rule, multiply by one hundred per
cent of the FPL for the corresponding family size and divide by twelve,
rounding up to the nearest dollar to determine the maximum monthly income.
(e) Using the chart
in appendix A to this rule, multiply the maximum monthly income as determined
in paragraph (A)(4)(d) of this rule by the appropriate copay multiplier, round
to the nearest whole dollar, multiply by twelve, and divide by the number of
weeks in the current state fiscal year to determine the family's weekly copay.
(B) How is a
copayment distributed?
(1) The copayment
amount shall be equally distributed among all authorizations each week.
(2) The distributed
copayments shall be rounded down to the nearest whole dollar.
(3) The caretaker
shall be notified of the copayment amounts.
(C) How long is a
family copayment effective?
The copayment shall be assigned at the time the county agency
determines eligibility and the copayment amount shall be in effect for the
entire eligibility period unless any of the following occurs:
(1) The caretaker
reports a change in family income, family size, or both, that reduces the
amount of the copayment.
(2) A documented
increase in family income or a reduction in family size occurs within the first
thirty calendar days of the date of eligibility determination.
(3) An incorrect
copayment was assessed by the county agency as a result of agency error,
recipient error, or recipient fraud, resulting in corrective action to reduce
or increase the family's copayment.
(4) The Ohio
department of job and family services (ODJFS) requires a change in the
copayment.
(5) The caretaker
is no longer receiving protective child care as described in rule 5101:2-16-30
of the Administrative Code.
(D) When is a
copayment recalculated?
(1) The copayment
shall be recalculated for any reason listed in paragraph (C) of this rule and
as part of the annual redetermination, reinstatement of eligibility, or
continuation of eligibility due to the loss of a qualifying activity.
(2) Any change to
the copayment made at the time of the redetermination, extension of eligibility
due to loss of qualifying activity, or reinstatement shall be effective from
the first day of the new corresponding eligibility period.
(3) Copayments may
increase at the time of redetermination, or reinstatement approval, and
the addition of an activity after an eligibility continuation for loss of
activity pursuant to rule 5101:2-16-30 of the Administrative Code.
(E) When shall the
county agency waive the copayment?
The county agency shall waive the copayment for families
eligible for protective child care benefits pursuant to rule 5101:2-16-30 of
the Administrative Code.
(F) Is a copayment
adjusted if the caretaker does not utilize all of the authorized hours?
A family shall be required to pay the copayment assigned for a
child's authorization or the child's cost of care for the week, whichever
amount is lower. The child's cost of care for the week includes payment to the
provider for absent days.
(G) Is a provider
required to collect the copayment?
The provider will be notified of the amount of the copayment
that is assigned for a child's authorization and shall be responsible for
collecting all assigned copayments.
(H) What happens if
the caretaker does not pay the copayment?
(1) The provider
shall establish a written agreement for payment of the copayment. The agreement
shall be signed and dated by both the caretaker and the provider.
(2) The provider
shall give a copy of the written agreement to the caretaker and shall retain a
copy for review by the county agency.
(a) If an assigned
copayment is delinquent more than two weeks from the date established in the
written copayment agreement, the provider shall submit a record of the
delinquent copayment to the county agency no later than three weeks from the
date the copayment was due.
(b) If the county
agency has verified that the copayment is delinquent, child care benefits shall
be terminated after the caretaker has been provided prior written notice of the
action. The county agency shall notify the caretaker by sending the JFS 4065
"Prior Notice of Right to a State Hearing" (rev. 05/2001) or its
computer-generated equivalent.
(c) A caretaker
shall be ineligible for child care benefits if a delinquent copayment is owed,
unless satisfactory arrangements are made to pay the delinquent copayment.
Arrangements to pay a delinquent copayment shall be satisfactory to both the
caretaker and the provider.
Effective: 10/1/2017
Five Year Review (FYR) Dates: 3/1/2019
Certification: CERTIFIED ELECTRONICALLY
Date: 09/15/2017
Promulgated Under: 119.03
Statutory Authority: 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.38
Prior Effective Dates: 4/1/90 (Emer.), 6/22/90, 5/1/91 (Emer.),
7/1/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 6/1/93 (Emer.),
7/2/93 (Emer.), 8/20/93, 10/2/95 (Emer.), 12/26/95, 10/1/97 (Emer.), 12/30/97,
1/1/99, 2/14/02, 6/9/03, 2/1/05 (Emer.), 4/1/05, 7/1/05 (Emer.), 10/1/05,
7/1/06, 2/1/07, 7/1/07, 7/1/08, 7/23/09 (Emer.), 10/21/09, 5/28/10, 7/1/11
(Emer.), 9/29/11, 6/23/13, 3/2/14, 9/14/14, 9/28/15, 12/31/2016