The Ohio Department of Job and Family Services has revised some of the rules in Ohio Administrative Code (OAC) 5101:2-47 as a result of the five year rule review process. Ten rules were amended and one was completely rewritten. These changes are effective September 1, 2003.
OAC 5101:2-47-11 Administrative procedure: reimbursement for foster care maintenance costs for children's residential centers, group homes, maternity homes, residential parenting facilities and purchased foster care homes has been amended significantly. The amendments to this rule were made to clarify that there will be a contemporaneous payment system as recommended by the shareholders work group.
Rule 5101:2-47-22 Foster care maintenance program reimbursability: reasonable efforts requirement contains the reasonable efforts requirements for foster care maintenance program reimbursability. This rule was completely rewritten and the new rule reorganizes the content of the previous rule. The majority of the rule content remains the same except that we added wording to identify the beginning period of ineligibility for instances where the reasonable efforts to finalize the permanency plan requirements are not met. More specifically, the rule identifies the initial reasonable efforts requirements and the reasonable efforts to finalize the permanency plan requirements.
A brief explanation of the rule revisions appears below.
| OAC Rule Number | OAC Rule Name | Summary of Changes |
|---|
| 5101:2-47-02 | ADMINISTRATIVE OVERVIEW: FOSTER CARE MAINTENANCE. | Reflects the ADC rules being moved from 7-1-02 to 2-47-14.1. Updated the maintenance costs definition to mirror federal definition. |
| 5101:2-47-05 | ADMINISTRATIVE PROCEDURE: TITLE XIX MEDICAL COVERAGE FOR TITLE IV-E FOSTER CARE MAINTENANCE RECIPIENTS (COBRA). | Added hearing requirements of 5101:6-3-01. Changed "six" month referral requirement to "twelve" month requirement. Clarified "working" days. |
| 5101:2-47-08 | ADMINISTRATIVE PROCEDURE: REQUIRED REFERRALS: TITLE IV-D; INCOME MAINTENANCE; HEALTHCHECK; THIRD PARTY INSURANCE; AND SSI. | Clarified "working" days. |
| 5101:2-47-09 | ADMINISTRATIVE PROCEDURE: CASE RECORD REQUIREMENTS FOR FOSTER CARE MAINTENANCE. | Made distinction between JFS 01452 application for initial eligibility form and the 1452A redetermination form. Updated rule to include reasonable efforts and reasonable efforts to finalize the permanency plan documentation requirements. Also, added JFS 01666 documentation requirements. |
| 5101:2-47-11 | ADMINISTRATIVE PROCEDURE:REIMBURSEMENT FOR FOSTER CARE MAINTENANCE COSTS FOR CHILDREN'S RESIDENTIAL CENTERS, GROUP HOMES, MATERNITY HOMES, RESIDENTIAL PARENTING FACILITIES, AND PURCHASED FOSTER CARE HOMES. | Changed "PFFC" to "PFC" to remove "family" reference per HB 448. Replaced "per diem rate" references with "reimbursement ceiling amount" in various sections for clarity. Further defined the implementation of the contemporaneous payment process effective 9/1/03. Updated to clarify that the agency that enters the FACSIS information will receive the JFS 01925's and the warrants generated from them. |
| 5101:2-47-19 | FOSTER CARE MAINTENANCE PROGRAM REIMBURSABILITY: CLOTHING PAYMENTS AND GRADUATION EXPENSES. | Deleted "rates" and replaced with "amounts". |
| 5101:2-47-22 (New) | FOSTER CARE MAINTENANCE: REASONABLE EFFORTS REQUIREMENTS. | Reorganized content of rescinded rule and added to new rule. Clarified the beginning period of ineligibility for instances where the reasonable efforts to finalize the permanency plan requirements are not met. |
| 5101:2-47-24 | FOSTER CARE MAINTENANCE REIMBURSEMENT CEILING AMOUNTS: TITLE IV-E REIMBURSEMENT FOR RESIDENTIAL CHILD CARE AND PURCHASED FOSTER CARE HOMES. | Defined the payment from the Title IV-E agency to the service provider agency. Replaced "per diem rate" and "rate setting"references with "reimbursement ceiling amount" in various sections for clarity. |
| 5101:2-47-25 | FOSTER CARE MAINTENANCE REIMBURSEMENT CEILING AMOUNTS: ALLOWABLE COSTS FOR USE IN COMPLETING THE JFS 02909 "RESIDENTIAL CHILD CARE FACILITY COST REPORT" AND THE JFS 02910 "PURCHASED FOSTER CARE COST REPORT." | Removed "family" reference from "purchased family foster care" as a result of HB 448. |
| 5101:2-47-26 | FOSTER CARE MAINTENANCE REIMBURSEMENT CEILING AMOUNTS: UNALLOWABLE COSTS FOR USE IN COMPLETING THE JFS 02909 "RESIDENTIAL CHILD CARE FACILITY COST REPORT" AND THE JFS 02910 "PURCHASED FOSTER CARE COST REPORT." | Removed "family" reference from "purchased family foster care" as a result of HB 448. |
| 5101:2-47-27 | FOSTER CARE MAINTENANCE REIMBURSEMENT CEILING AMOUNTS: OUT-OF-STATE RESIDENTIAL CARE FACILITIES. | Added wording "and adhering to all applicable rules of this chapter" for clarity. |
INSTRUCTIONS
The following chart depicts what materials are to be removed from the Family, Children and Adult Services Manual (FCASM) and what materials are to be inserted into the FCASM.
| LOCATION | REMOVE AND FILE AS OBSOLETE | INSERT/REPLACEMENT |
|---|
MANAGEMENT AND ADMINISTRATION
Fiscal Management and Administration
| 5101:2-47-02 | 5101:2-47-02 |
| 5101:2-47-05 | 5101:2-47-05 |
| 5101:2-47-08 | 5101:2-47-08 |
| 5101:2-47-09 | 5101:2-47-09 |
| 5101:2-47-11 | 5101:2-47-11 |
| 5101:2-47-19 | 5101:2-47-19 |
| 5101:2-47-22 | 5101:2-47-22 |
| 5101:2-47-24 | 5101:2-47-24 |
| 5101:2-47-25 | 5101:2-47-25 |
| 5101:2-47-26 | 5101:2-47-26 |
| 5101:2-47-27 | 5101:2-47-27 |
TRANSMITTALS
Transmittal Letters
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Transmittal Letter Index Starting with No. 139 |
Transmittal Letter Index Starting with No.139
FCASMTL No. 144
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