5101:2-16-41 Appendix A - Payment Rates for Providers of Publicly
Funded Child Care
(A)The payment rates
established by the Ohio department of job and family services (ODJFS) shall apply
to all providers of publicly funded child care. These rates are shown in appendix
A to this rule entitled "Payment Rates for Providers of Publicly Funded Child
Care."
(B)For the purposes
of this rule "provider" means licensed child care centers, licensed type
A home providers, licensed type B home providers, certified in-home aides, approved
child day camps as defined by rule 5101:2-18-01 of the Administrative Code, programs
licensed by the Ohio department of education and approved
to provide child care pursuant to rule 5101:2-16-43 of the Administrative Code,
and border state child care providers who are licensed, certified or otherwise approved
by the border state to provide child care services.
(C)The base payment rate for providers shall be the lower of the followingdetermined
as follows:
(1)The rate that is shown in the appendix to
this rule for providers without a step up to quality (SUTQ) rating; or
(1)The base rate shall be the lower of these
two:
(a)The rate that is shown in the appendix to
this rule based on the provider's location and participation in step up to quality
(SUTQ); or
(b)The provider's customary charge to the public.
(2)The rate that is shown in the appendix to
this rule for providers with a SUTQ rating; or
(3)The provider's customary charge to the public
when the customary charge is below the payment rate determined in paragraph (C)(1)
of this rule. The provider will be paid an additional four per cent of their customary
rate if the provider has a SUTQ rating.
(2)If a provider participating in SUTQ has
a customary charge lower than the appendix for rated programs based on their location,
the provider's base rate shall be the customary rate plus an additional four per
cent of their customary rate, not to exceed the rated appendix.
(D)The rate determined
in paragraph (C) of this rule shall be used as the base rate to calculate any applicable
additional payment amounts pursuant to paragraphs (J)(K) to (M)(O) of this rule.
(E)The provider's
publicly funded child care payment shall not include: a child's copayment amount or payment for services provided
during the hours the child is in care in another federal or state funded program
(including but not limited to head start, early head start or the early childhood
education program).
(1)A child's copayment amount when a copayment
has been assessed pursuant to rule 5101:2-16-39 of the Administrative Code.
(2)Payment for services provided during the
hours the child is in care in another federal or state funded program (including
but not limited to head start, early head start or the early childhood education
program).
(1)Head start and early head start grantees
and child care partners may be exempt from paragraph (E) of this rule if the program
meets all of the requirements detailed in child care manual procedure letter 107,
dated September 14, 2016.
(2)The requirements of paragraph (E) of this
rule shall only be waived by the ODJFS through August 2017.
(F)Providers shall
be paid for full-time weekly care, part-time weekly care or hourly care. The total
payment for the week shall not exceed the provider's customary charge to the public.
(1)A week is the seven-day
period from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. Saturday.
Payment shall be made for the entire week.
(2)A full-time weekly
payment is for authorized care totaling twenty-five hours to sixty hours of care.
(3)A part-time weekly
payment is for authorized hours of care totaling seven hours to less than twenty-five
hours of care.
(4)Hourly payment
shall be made for authorized hours of care totaling less than seven hours of care.
(5)Full-time plus
payment is for authorized hours of care which exceed sixty in a week and shall be
paid at the full-time weekly payment rate plus the hourly rate for each hour of
care in excess of sixty.
(G)School ageSchool-age child
care rates will be made according to the following:
(1)The school year
is defined as the first Sunday in September through the last Saturday in May.
(2)Summer school ageschool-age rates
shall be in effect outside of the school year listed in paragraph (G)(1) of this
rule.
(H)A child is eligible
for a maximum of ten absent days during each six-month period of January through
June, and July through December of each state fiscal year.
(I)A provider may
be paid for an absent day for which a child is eligible. An absent day shall not be paid prior to actual attendance at the
authorized provider. Attendance shall have been recorded any day in the previous
rolling twelve months. The value of an absent day is based on the authorization.
(1)For a full-time
or full-time plus authorization, the value of an absent day is eight hours.
(2)For a part-time
authorization, the value of an absent day is five hours.
(3)For an hourly authorization,
the value of an absent day is five hours.
(J)A provider may be paid for two professional
development days in a fiscal year, as defined by rule 5101:2-16-01 of the Administrative
Code. A fiscal year is defined as July first through June thirtieth. The two professional
development days cannot be utilized in two consecutive calendar days or two consecutive
calendar months. The value of a professional development day is based on the child's
authorization and shall not be used during non-traditional hours pursuant to paragraph
(L)(2) of this rule.
(1)For a full-time or full-time plus authorization,
the value of a professional development day is eight hours.
(2)For a part-time authorization, the value
of a professional development day is five hours.
(3)For an hourly authorization, the value of
a professional development day is five hours.
(J)(K) Providers who provide care for children with special
needs shall be paid an additional five per cent of the payment rate established
in paragraph (C) of this rule. The total payment shall
not exceed the provider's customary charge to the public and shall apply only to
the hours of care for the child with special needs.
(K)(L) Providers who care for children during non-traditional
hours shall be paid an additional five per cent of the payment rate established
in paragraph (C) of this rule. This rate shall apply to the child for all hours
of care during a week when any non-traditional hours of care are provided. The total payment shall not exceed the provider's customary
charge to the public.
(1)Non-traditional
hours are hours between seven p.m. and six a.m. on weekdays and between twelve a.m.
Saturday and six a.m. Monday.
(2)Non-traditional
hours include any hours of care provided on New Year's day, Martin Luther King,
Jr. day, Memorial day, Independence day, Labor day, Thanksgiving day, and Christmas
day.
(L)(M) Providers who are accredited by an ODJFS approved
accrediting body as listed at https://jfs.ohio.gov/cdc/childcare.stm shall be paid
an additional ten per cent of the payment rate established in paragraph (C) of this
rule. This rate shall apply to all publicly funded children.
(M)(N) Providers with a SUTQ rating shall be paid the following
additional per cent of the payment rate established in paragraph (C) of this rule.
(1)One-star rated
programs shall be paid an additional five per cent.
(2)Two-star rated
programs shall be paid an additional eighteen per cent.
(3)Three-star rated
programs shall be paid an additional twenty-one per cent.
(4)Four-star rated
programs shall be paid an additional twenty-nine per cent.
(5)Five-star rated
programs shall be paid an additional thirty-five per cent.
(N)(O) Providers who meet the requirements pursuant to
both paragraphs (L)(M)
and (M)(N) of this rule
for additional percentages shall only be paid the higher of the two payment increases.
(O)(P) Providers shall make caretakers aware of fees for
which the caretakers are responsible and that are not included in the payment that
ODJFS makes to the provider. The provider shall have an agreement with caretakers
for payment of these fees. Such fees may include the following:
(1)Late fees.
(2)Activity fees.
(3)Transportation
fees.
(4)Registration fees.
(5)Charges for absent
days which exceed those eligible for payment from ODJFS.
(6)Charges for hours
of care that exceed those authorized.
(P)(Q) A provider shall not require a caretaker to pay
the difference between the provider's payment rate and the provider's customary
charge to the public when the customary charge is higher.
(Q)The licensed type B home provider or certified
in-home aide shall be paid for care provided on behalf of the provider by an approved
emergency or substitute caregiver.
(R)Providers shall notify the county agency
when there is a loss of contact with the caretaker that exceeds two consecutive
days.
(S)(R) A licensed child care center, licensed type A home
or licensed type B home that provides false or misleading information to obtain
payment for publicly funded child care may be determined to be in noncompliance
pursuant to Chapters 5101:2-12, 5101:2-13, and 5101:2-14 of the Administrative Code.
(T)A provider or a person acting in any capacity
for the provider shall not use the swipe card of a caretaker to record the attendance
of a child who is authorized for care from the provider.
(U)(S) An in-home aide is the only provider of publicly
funded child care who may provide child care in a child's own home. Payment rates
for in-home aides shall be determined according to all of the following:
(1)An in-home aide
shall be paid an hourly rate that is equal to the state minimum wage for forty or
fewer hours in a week.
(2)A rate of one and
one-half times the state minimum wage shall be paid for hours in excess of forty
in a week.
(3)The total payment
shall include child care services provided to all of the authorized child(ren) in
the caretaker's home.
(4)An in-home aide
shall provide care only to the children of one caretaker.
(5)An in-home aide
shall not claim absent days or professional development days
for publicly funded children in his or her care.
Effective: 12/16/2018
Five Year Review (FYR) Dates: 6/26/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 12/06/2018
Promulgated Under: 119.03
Statutory Authority: 5104.39, 5104.38, 5104.35, 5104.30
Rule Amplifies: 5104.30, 5104.39, 5104.38, 5104.35
Prior Effective Dates: 07/01/1989 (Emer.), 09/28/1989, 04/01/1990
(Emer.), 07/01/1990 (Emer.), 09/30/1990, 05/01/1991 (Emer.), 07/01/1991, 11/01/1991
(Emer.), 01/20/1992, 07/06/1992 (Emer.), 10/01/1992, 01/01/1994, 10/01/1997 (Emer.),
12/30/1997, 05/08/1998 (Emer.), 08/01/1998, 06/10/2000, 01/01/2001, 02/22/2002,
06/09/2003, 07/01/2005 (Emer.), 09/26/2005, 01/13/2006 (Emer.), 04/13/2006, 01/01/2007,
03/30/2007 (Emer.), 06/28/2007, 07/01/2008, 07/23/2009 (Emer.), 08/12/2009 (Emer.),
11/08/2009, 03/28/2010, 05/01/2011, 07/29/2011 (Emer.), 10/27/2011, 10/01/2013,
07/10/2015, 06/26/2016, 12/31/2016