(A)Who is eligible
to sign an agreement to provide publicly funded child care?
(1)A child care provider
who operates a licensed child care center; a licensed type A or type B child care
home; an approved Ohio department of education (ODE) licensed program; an approved
child day camp; a certified in-home aide; or a regulated border state provider is
eligible to sign a provider agreement.
(a)A school child
or preschool program licensed by the ODE, pursuant to sections 3301.52 to 3301.59
of the Revised Code, will become eligible to sign a provider agreement after requesting
approval to provide publicly funded child care services. All requests shall be made
by:
(i)Submitting the
JFS 01140 "Request to Provide Publicly Funded Child Care for Ohio Department
of Education Programs" (10/2017) with a copy of the ODE license or the Ohio
child licensing and quality system (OCLQS) generated equivalent to ODJFS.
(ii)Complying with
background check requirements pursuant to rule 5101:2-12-09 of the Administrative
Code.
(b)A border state
provider shall register in OCLQS prior to signing a provider agreement.
(2)Beginning July 1, 2020September 1, 2020,
a provider who operates a licensed child care program is eligible to provide publicly
funded child care only if the program is rated through the step up to quality program
established pursuant to section 5104.29 of the Revised Code.
(3)A provider is exempt
from paragraph (A)(2) of this rule if the provider operates any of the following:
(a)A program that
operates only during the summer and not for more than fifteen consecutive weeks.
(b)A program that
operates only during school breaks.
(c)A program that
operates only on weekday evenings, weekends, or both.
(d)A program that
holds a provisional license issued under section 5104.03 of the Revised Code.
(e)A program that
had it's step up to quality program rating removed by the department of job and
family services within the previous twelve months.
(f)A program that
is the subject of a revocation action initiated by the department, but the license
has not yet been revoked.
(4)Child care providers
with a signed provider agreement shall maintain compliance with all requirements
of the Child Care and Development Block Grant Act of 2014, P.L. 113-186 (11/19/2014),
128 Stat. 1971 (2014) 42 U.S.C. 9858 (CCDBG Act of 2014).
(B)What are the provider
requirements to sign an agreement for publicly funded child care services?
(1)Providers are eligible
for payment after they complete the provider agreement with the Ohio department
of job and family services (ODJFS) and have entered all required information in
the automated system.
(a)The provider agreement
is effective on the date it is signed and submitted by the provider or the date
the provider becomes an eligible provider pursuant to paragraph (A) of this rule,
whichever is later.
(b)The provider agreement
as entered into with ODJFS may be terminated if ODJFS determines misuse of publicly
funded child care or the automated child care system.
(c)The provider agreement
as entered into with ODJFS, may be terminated in accordance with the terms contained
in the agreement.
(d)The provider agreement
shall be terminated if the eligible provider fails to maintain approval as an eligible
provider.
(e)Providers of publicly
funded child care with a valid provider agreement shall not be considered employees
of ODJFS but shall be considered independent contractors who are responsible for
the requirements of self-employment.
(2)ODJFS shall pay
eligible child care providers for publicly funded child care services provided to
eligible caretakers authorized to that provider.
(a)An eligible child
care provider who provides child care services for a caretaker who is potentially
eligible for publicly funded child care benefits shall be paid for child care services
if an authorization is created by the county agency pursuant to rule 5101:2-16-06
of the Administrative Code.
(b)Payment for publicly
funded child care services shall be contingent upon the availability and appropriation
of state and federal funds.
(C)How shall a provider
track attendance for publicly funded child care services?
(1)Child care providers
shall utilize the automated child care system to track attendance data for caretakers
who have applied or have been determined eligible for publicly funded child care,
in accordance with procedures outlined by ODJFS.
(2)Child care providers
or a person acting in any capacity for the provider shall not use the personal identification
information created by the caretaker or a caretaker's designee/sponsor to track
or approve attendance in the automated child care system.
(3)The provider shall
be responsible for the cost of replacement or repair of the hardware required for
use of the automated child care system. Recoupment may occur through the payment
adjustment process.
(D)How are school
hours deducted in the automated system for school-age children being cared for by
a provider?
(1)The provider shall
enter each school-age child's current school schedule in the automated system on
or before the first day of the school year as defined in rule 5101:2-16-01 of the
Administrative Code or the child's first week of attendance if authorization is
after the first day of the school year. Each school schedule shall include all of
the school year, but may begin earlier and/or end later.
(2)The schedule set
by the provider for each school-age child shall be used to deduct the hours in which
that child is in school and not at the child care program.
(E)How shall a provider
submit attendance data for child care services provided?
A child care provider shall submit all data for the calculation of
payments in accordance with instructions provided by ODJFS.
(1)Attendance data
shall be submitted for payment after the close of the service week and no later
than four weeks from the last day of the service week or four weeks from the last
day of the week the authorization is provided to the automated system, whichever
is later.
(2)Only complete data
(days with both an in and out time for the child receiving care) may be submitted.
(3)Each school-age
child shall have an associated school schedule set by the provider pursuant to paragraph
(D) of this rule before the child's attendance may be submitted for payment.
(4)Changes to attendance
data shall be submitted with caretaker approval.
(5)The provider may
track attendance or make changes to attendance data in the automated child care
system without caretaker approval if all of the following apply:
(a)There has been
a loss of contact with the caretaker for five consecutive calendar days from the
last day of attendance.
(b)The provider has
notified the county agency of the loss of contact.
(c)The authorization
to the provider has been ended.
(d)Any new or changed
attendance is limited to no more than five consecutive days.
(6)Once attendance
has been submitted, the provider has until the following Saturday to recall the
submitted attendance in order to make a change to the attendance data. Any changes
made shall require caretaker approval pursuant to paragraphs (D)(3) and (D)(4) of
this rule prior to resubmitting the attendance.
(7)ODJFS will begin
processing the payment on the Sunday following the submission of the attendance
data.
(8)If the attendance
has not been submitted pursuant to the time line in paragraph (D)(1) of this rule,
ODJFS shall automatically process any complete attendance data for payment. No new
attendance data may be submitted after this date.
(9)ODJFS shall not
pay for a child's attendance submitted by more than one provider for the same date
and time.
(F)How does a provider
receive payment when a caretaker's application for publicly funded child care has
been denied?
(1)Child care providers
shall submit attendance data pursuant to paragraphs (C) and (D) of this rule when
notification has been received that a caretaker's application for child care has
been denied.
(2)The provider may
appeal a denial notice of eligibility for payment after denial within fifteen days
from the date of denial if either of the following apply:
(a)Payment was denied
due to a caretaker's incomplete application.
(b)Payment was denied
because the provider did not have a valid provider agreement when services were
provided.
(3)Attendance submitted
for payment after denial shall not include absent days or professional development
days.
(G)How does a provider
request a payment adjustment after a payment has been issued?
(1)The provider shall
submit a request for payment adjustment in the automated child care system within
four weeks of the payment date. No new attendance may be submitted for payment adjustments.
(2)If the incorrect
payment amount is because of a county agency data entry error, the provider shall
contact the county agency to request correction of the error before the provider
submits the request for payment adjustment. ODJFS shall not process the request
for payment adjustment until the error is corrected by the county agency. The request
for adjustment may exceed four weeks from the original payment date.
(H)What are the provider's
responsibilities to collect a copayment?
(1)The provider shall
establish a written and signed agreement with the caretaker for payment of the child's
assigned copayment.
(2)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.
(3)If a provider fails
to inform the county agency of the delinquent copayment, the caretaker shall be
responsible for any delinquent copayments reported by the provider for up to the
previous three weeks from the date the county agency was notified.
(I)What is the process
for requesting payment for services provided prior to December 16, 2018?
(1)Child care providers
shall submit to ODJFS the JFS 01261 "Publicly Funded Child Care Manual Claim
for Attendance" (rev. 9/2014) for attendance not recorded in the Ohio electronic
child care (Ohio ECC) system for the following reasons:
(a)Authorization made
prior to the back swipe period.
(b)A bureau of state
hearings decision.
(c)The point of services
(POS) device was not installed when services were provided.
(d)A caretaker is
awaiting a swipe card.
(e)A caretaker withdraws
without notice.
(2)The child care
provider shall submit the JFS 01261 no later than seven weeks from the week of service
being submitted unless otherwise determined by ODJFS.
(3)ODJFS shall reject
the JFS 01261 for care provided during the back swipe period.
(4)Child care providers
shall submit to ODJFS the JFS 01292 "Publicly Funded Child Care Request for
Ohio ECC Payment Adjustment" (rev. 7/2017) when a payment has been issued and
needs to be corrected no later than seven weeks from the week of service unless
otherwise determined by the bureau of state hearings.
(5)Child care providers
shall submit to ODJFS the JFS 01211 "Request for Payment of Publicly Funded
Child Care Services Provided for a Denial of Application" (rev. 9/2014) when
notification has been received that a caretaker's application for child care has
been denied.
(J)What is the process
for requesting a payment enhancement when a provider must make accommodations to
care for a child with special needs?
(1)A child care provider
may submit a request for a payment enhancement when accommodations must be made
to care for a child who meets the definition of special needs as defined in rule
5101:2-16-01 of the Administrative Code.
(a)To request this
payment rate, the provider shall submit a completed JFS 01231 "Request for
Payment Rate for Special Needs Child Care" ( rev. 10/2019) to ODJFS.
(b)ODJFS will notify
the provider with verification of the approved amount, the effective date of the
change in payment rate, or if the request is denied.
(c)An approved payment
enhancement shall be in effect for twelve months for a child authorized to receive
publicly funded child care at the approved provider.
(2)If state and/or
federal funds are not available for the purchase of publicly funded child care services,
ODJFS shall reserve the right to deny all requests.
(3)The granting of
this payment rate by ODJFS shall not be construed as constituting precedence for
the granting of any other payment changes or the subsequent renewal of a rate. All
requests shall be considered on an individual basis.
Effective: 8/2/2020
Five Year Review (FYR) Dates: 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 07/22/2020
Promulgated Under: 119.03
Statutory Authority: 5104.30, 5104.38
Rule Amplifies: 5104.30, 5104.32, 5104.34, 5104.35, 5104.37, 5104.38,
5104.31
Prior Effective Dates: 07/01/1989 (Emer.), 09/28/1989, 07/01/1990
(Emer.), 09/30/1990, 05/01/1991 (Emer.), 07/29/1991, 11/01/1991 (Emer.), 01/20/1992,
07/06/1992 (Emer.), 10/01/1992, 09/01/1993, 01/01/1994 (Emer.), 03/31/1997, 10/01/1997
(Emer.), 12/30/1997, 01/01/1999, 06/10/2000, 05/12/2002, 06/09/2003, 07/01/2003,
02/01/2007, 02/01/2008, 07/01/2008, 10/21/2009, 03/28/2010, 06/01/2011, 08/28/2011,
05/04/2014, 09/14/2014, 08/10/2015, 07/09/2017, 10/29/2017, 12/16/2018, 10/20/2019