(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)the automated child care system by
a provider?
Misuse includes, but is not limited to, a provider:
(1)Possessing or using an Ohio ECC card issued to a caretakerUtilizing the personal identification information of a caretaker
or designee/sponsor to log a child's attendance in the automated child care system.
(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 the automated
child care system?
(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)(rev. 12/2018).
(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
ECCthe automated child care system:
(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?
(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?
(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.
(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.
Effective: 12/16/2018
Five Year Review (FYR) Dates: 8/1/2020
Certification: CERTIFIED ELECTRONICALLY
Date: 12/06/2018
Promulgated Under: 119.03
Statutory Authority: 5104.38
Rule Amplifies: 5104.32, 5104.37, 5104.38
Prior Effective Dates: 06/03/1996, 10/01/1997 (Emer.), 12/30/1997,
01/01/2002, 02/01/2007, 07/01/2008, 03/28/2010, 08/28/2011, 05/04/2014, 08/10/2015,
07/09/2017