Current through all regulations passed and filed through September 16, 2024
(A) This rule and its supplemental rules
describe the calculation and distribution of the Ohio incentive payment from
the federal office of child support enforcement (OCSE) to the state of Ohio,
and the incentive payment from the Ohio department of job and family services
(ODJFS) to the child support enforcement agency (CSEA).
(B) The following definitions apply to this
rule and its supplemental rules:
(1) "Federal
fiscal year" means the twelve-month time period beginning October first and
ending September thirtieth.
(2)
"Performance category" means the following child support program areas:
(a) Establishment of paternity;
(b) Establishment of support
orders;
(c) Collection of current
support;
(d) Collection of past-due
support; and
(e) Cost
effectiveness.
(3)
"Performance year" means the twelve-month time period ending September
thirtieth of each year during which each CSEA's performance is measured. The
performance year corresponds to the federal fiscal year, to the period of
measurement of Ohio's performance by OCSE, and to the period of review for the
annual self-assessment.
(C) Calculation of the Ohio incentive
payment.
(1) In accordance with
42 U.S.C.
658a, as in effect January 1, 2009, OCSE
determines the amount of the incentive payment for a state. The incentive
payment for a federal fiscal year is equal to the incentive payment pool for
the federal fiscal year, multiplied by the state incentive payment share for
the federal fiscal year.
(a) The incentive
payment share is the incentive base amount for a state for the federal fiscal
year divided by the sum of the incentive base amounts for all of the states for
the federal fiscal year.
(b) The
incentive base amount is the sum of the applicable percentages, as determined
in
42 U.S.C.
658a, multiplied by the corresponding maximum
incentive base amounts for a state for the fiscal year, with respect to the
state's measure of performance in each performance category during the federal
fiscal year.
(2) The
state collections base for a federal fiscal year is determined by using the
following formula:
(2 x (current assistance collections + former assistance
collections + medicaid collections)) + never assistance collections + fees
retained by other states.
(3) The per cent contributed in each
performance category to the total Ohio incentive base amount is determined by
using the following formula:
Maximum incentive base amount in each performance category
÷ total Ohio maximum incentive base amount.
(4) The amount of the Ohio incentive payment
for each performance category is determined by using the following formula:
Per cent contributed in each performance category x total Ohio
incentive payment.
(5) The
amount of the federal incentive payment distributed to a state is an estimated
amount. The actual amount of the federal incentive payment earned by a state is
unknown until the end of the federal fiscal year and completion of calculations
for the state data reliability audit. In accordance with the processes
described at 45 C.F.R. part 305, as in effect on October 1, 2009, the final,
reconciled amount would then include any necessary adjustments as a result of
any previous federal incentive payment overpayments or underpayments.
(6) Payment eligibility requirements.
(a) Payment of the incentive payment is
contingent on a state's data being determined complete and reliable by federal
auditors in the annual data reliability audit.
(b) State data necessary to calculate a
state's performance level for the incentive payment and penalties for each
federal fiscal year must be submitted to OCSE by December thirty-first, which
is the end of the first quarter of the next federal fiscal year.
(D) Distribution of the
Ohio incentive payment.
(1) Ten per cent of
the total amount of the Ohio incentive payment shall be retained by ODJFS for
the provision of statewide IV-D services.
(2) Ninety per cent of the total amount of
the Ohio incentive payment shall be distributed to the CSEAs to administer the
local IV-D program.
(E)
Payment to the CSEA.
ODJFS shall pay the CSEA through the child support
administrative draw, as described in rule
5101:9-7-02
of the Administrative Code. Payments made in accordance with rule
5101:9-7-02
of the Administrative Code shall be calculated in accordance with the terms of
this rule beginning January 1, 2011. In accordance with paragraph (C)(5) of
this rule, the CSEA incentive payment distributed to each CSEA throughout the
calendar year is an estimated amount. The actual amount of the CSEA incentive
payment earned by a CSEA is unknown until the annual incentives reconciliation
for the federal fiscal year occurs. In accordance with paragraph (C)(5) of this
rule, the final amount would include any necessary adjustments as a result of
any previous federal incentive payment overpayments or underpayments. At the
close of the federal fiscal year, a comparison is made between the estimated
federal incentive payment and the actual federal incentive payment earned by
the state. When the comparison indicates that the estimated amount exceeds the
actual amount earned by the state and a deficiency exists, ODJFS will adjust
the county allocation in the succeeding months. When the comparison indicates
that the actual amount earned exceeds the estimated amount and a surplus
exists, ODJFS will make a one-time payment to the CSEA through the
administrative advance process.
(F) Requirements for use of federal
incentives.
(1) In accordance with section
5101.23
of the Revised Code and
45
C.F.R. 305.35, as in effect on October 1,
2009, incentive funds shall only be spent for allowable Title IV-D expenditures
unless approval is received from the federal department of health and human
services.
(2) In accordance with
45
C.F.R. 305.35, as in effect on October 1,
2009, state IVD expenditures may not be reduced as a result of the receipt and
reinvestment of incentive payments. A base amount will be determined by
subtracting the amount of incentive funds received and reinvested in the state
IV-D program for federal fiscal year 1998 from the total amount expended by the
state in the IV-D program during the same period. States have an option of
using the average amount of the previous three federal fiscal years as a base
amount. This base amount of state spending must be maintained in future years.
Incentive payments under this paragraph must be used in addition to, and not in
lieu of, the base amount.
(3) In
accordance with
45
C.F.R. 305.35(c) and
45
C.F.R. 305.35(d), as in
effect on October 1, 2009, a CSEA may not reduce its IV-D expenditures as a
result of receipt and reinvestment of incentive payments. An evaluation of IV-D
expenditures reported on the JFS 02750, "Child Support
Enforcement Agency Quarterly Financial
Certification" (effective or revised effective date as
identified in rule
5101:12-1-99
of the Administrative Code), will be developed to establish a base period using
an average of the three previous federal fiscal years. This average will be the
IV-D expenditures level that must be maintained in future years. Incentive
payments must be used in addition to, and not in lieu of, the base
amount.
