** Archive **
FCASPL 30 (FCM and ADC Concurrent - Archive)
Family, Children and Adult Services Procedure Letter No. 30
February 13, 1992
TO: Directors, County Department of Human Services Executive Secretaries, Children Services Boards
FROM: Terry A. Wallace, Director
SUBJECT: Concurrent Receipt of Title IV-E Foster Care Maintenance (FCM) and ADC

The U.S. Department of Health and Human Services (HHS) recently reversed its interpretation with regards to concurrent receipt of Title IV-E FCM and ADC on behalf of a child.

Previous to the issuance of the attached Policy Interpretation Question (PIQ), HHS has advised that for any child placed in foster care, a Title IV-E FCM payment could not be claimed for the initial month of placement if ADC was also claimed on the child's behalf in that month. If such FCM payments were claimed the states' Title IV-E program would be subject to the audit findings.

The interpretation now issued by PIQ-91-05, advises that there are no prohibitions in the Title IV-E program against the concurrent payment of ADC and FCM on behalf of the same child. Rather, the prohibition exists under the ADC program and any overpayment because of concurrent FCM/ADC receipt would be in the ADC program.

County departments of human services and county children services boards are advised that effective April 1, 1992 the provisions of Ohio Administrative Code Rules 5101:2-47-54 (B)(3) and 5101:2-47-57 (A) and (B) prohibiting an FCM payment if a child received an ADC payment during the same timeframe have been amended to accommodate this change. All other eligibility requirements remain unchanged.

Title IV-E agencies are reminded of the requirements of paragraph (C) of rule 5101:2-47-57 regarding removal of a child from an ADC household and notice to the ADC Unit or Agency. Even though the prohibition against FCM payment and ADC payment during the same timeframe is rescinded for Title IV-E, an ADC overpayment and subsequent audit exception still applies. Title IV-E agencies must notify the ADC Unit or Agency of a child's removal from the home within ten days. You may use the attached sample Notification of Removal form as a guide in developing your agency's form for such notification.

Retroactive claiming for children affected by this policy change is available for the two-year Title IV-E FCM retro claiming period. The claiming instructions for these FCM cases are as follows:

  • First, recreate the Title IV-E events in FACSIS to reflect the child's new eligibility status, i.e., eligible and reimbursable, due to the federal reinterpretation on concurrent receipt of ADC. However, do not include in this recreation the Medicaid events because the retroactivity is not applicable to Medicaid coverage. Verify that custody and placement events are correct for the period for which retroactive claiming is requested. Do not change the child's Title IV-E number if one exists, but be sure to assign a IV-E number if one does not exist for the child. For assistance on the FACSIS event structure contact the FACSIS Helpline at 1-800-686-1581, extension 6-2208.
  • Second, follow the instructions for the ODHS 1659 "Title IV-E Auxiliary Payment Authorization" and the ODHS 1925 "Monthly FCM Facility Invoice" depending on the type of placement in which the child resided to claim costs. In most circumstances, the retroactive claim will be viewed as n initial/substitute care placement, not as underpayments. (The underpayment codes are only used when the PCSA received an incorrect payment.) If no payment has ever been received by the PCSA for a specific period of time, there is no underpayment. Payments may be authorized up to two years before the date of the month of processing for payment if the child is registered as Title IV-E eligible and reimbursable for the period for which payment is requested. For assistance on payment processing contact the Fiscal Liaison Section at (614) 466-9486.