Current through all regulations passed and filed through March 18, 2024
(A) How are payment rates established in the
publicly funded child care program?
(1)
Payment rates are based on a market rate survey completed by the Ohio
department of job and family services (ODJFS) to providers in the state of
Ohio.
(2) Payment rates shall apply
to all providers of publicly funded child care.
(B) What is the payment rate for a provider
not participating in step up to quality (SUTQ)?
(1) The payment rate for a provider not
participating in SUTQ shall be the lower of these two:
(a) The rate shown in appendix A to this rule
for non-rated programs in the provider's county of location.
(b) The provider's customary rate to the
public.
(2) The rate
determined in paragraph (B)(1) of this rule shall be the base rate used to
calculate any applicable additional payment amounts pursuant to paragraphs (D),
(F) and (G) of this rule.
(C) What is the payment rate for a provider
participating in SUTQ?
(1) The base payment
rate for a provider participating in SUTQ shall be the lower of these two:
(a) The rate shown in appendix A to this rule
for rated programs in the provider's county of location.
(b) The provider's customary rate to the
public. If the customary rate is used, an additional four per cent will be
added, not to exceed the rated appendix.
(2) Once the rate is determined in paragraph
(C)(1) of this rule, an additional per cent shall be added, as follows:
(a) One-star rated programs shall be paid an
additional five per cent.
(b)
Two-star rated programs shall be paid an additional eighteen per
cent.
(c) Three-star rated programs
shall be paid an additional twenty-one per cent.
(d) Four-star rated programs shall be paid an
additional twenty-nine per cent.
(e) Five-star rated programs shall be paid an
additional thirty-five per cent.
(D) What is the payment rate for accredited
providers?
(1) Providers who are accredited by
an ODJFS approved accrediting body as listed at
http://jfs.ohio.gov/cdc/childcare.stm
shall be paid an additional ten per cent of the applicable payment rate
established in paragraph (B)(1) of this rule or paragraph (C)(1) of this rule.
This rate shall apply for all children receiving publicly funded child care
services.
(2) Providers who are
accredited and also participating in SUTQ shall be paid either the per cent
additional payment in paragraph (C)(2) of this rule or the per cent additional
payment in paragraph (D)(1) of this rule, whichever is higher.
(E) What is the difference between
a school-age rate and a summer school-age rate?
(1) School-age rates shall be in effect
during the school year as defined in rule
5101:2-16-01 of the
Administrative Code.
(2) Summer
school-age rates shall be in effect outside of the school year as defined in
rule 5101:2-16-01 of the
Administrative Code.
(F)
What is the compensation for child care services provided during
non-traditional hours?
(1) Providers who care
for children during non-traditional hours shall be paid an additional five per
cent of the applicable payment rate established in paragraph (B)(1) or (C)(1)
of this rule.
(2) This rate shall
apply to the child for all hours of care during a week when any non-traditional
hours of care are provided.
(3) The
payment shall not exceed the provider's customary charge to the
public.
(4) Non-traditional hours
are the hours between seven p.m. and six a.m. on weekdays, and between twelve
a.m. Saturday and six a.m. Monday.
(5) Non-traditional hours include any hours
of care provided on New Year's day, Martin Luther King Jr. day, Memorial day,
Independence day, Labor day, Thanksgiving day and Christmas day.
(G) How are providers compensated
for the care of children with special needs?
(1) Providers who care for a child that the
caretaker and the county agency have identified as having special needs
pursuant to rule
5101:2-16-02 of the
Administrative Code shall be paid an additional five per cent of the applicable
payment rate established in paragraph (B)(1) or (C)(1) of this rule. The
payment shall not exceed the provider's customary charge to the public.
(2) Providers who make special
accommodations for the care of a child with special needs may receive twice the
amount of the applicable payment rate established in paragraph (B)(1) or (C)(1)
of this rule if approved pursuant to rule
5101:2-16-09 of the
Administrative Code.
(3) Payment
enhancements or additional percentages shall only apply to the hours of care
for the child with special needs.
(H) What time increments are used for the
payment of publicly funded child care services?
(1) Time increments are broken down into
weekly categories based on the total number of hours per week that each child
is authorized to receive publicly funded child care services, pursuant to rule
5101:2-16-06 of the
Administrative Code. The categories of payment are as follows:
(a) An hourly payment is for hours of care
totaling less than seven hours per week.
(b) A part-time payment is for hours of care
totaling seven hours to less than twenty-five hours per week.
(c) A full-time payment is for hours of care
totaling twenty-five hours to sixty hours per week.
(d) A full-time plus payment is for hours of
care totaling more than sixty hours per week.
(e) A week is defined as the seven-day period
from twelve a.m. Sunday to fifty-nine minutes after eleven p.m. on
Saturday.
(2) Payment
shall be calculated using the total number of child care hours per week, that
have been approved by the caretaker, if applicable, and submitted by the
provider in the automated child care system.
(a) The total number of weekly hours of care
received will be matched with the associated category and the provider will
receive the payment rate for that category of care, up to the child's category
of authorization.
(b) Payment shall
not be made for hours that exceed the child's category of
authorization.
(I) Are providers compensated for
registration fees?
Providers may receive registration fees for children receiving
publicly funded child care according to the following criteria:
(1) Annually, a provider with a valid
provider agreement as of January first shall receive a twenty-five dollar
registration fee for each child who received publicly funded child care from
the provider in the previous calendar year. For approved day camps, the camp
shall have had a valid provider agreement as of August thirtieth of the
previous year.
(2) The child must
have received publicly funded child care from the provider for at least one day
during January through December of the previous year.
(J) Is a provider compensated when a child is
absent from the program?
(1) A child is
eligible for a maximum of twenty absent days during each six-month period of
January through June and July through December of each state fiscal
year.
(2) Absent days are defined
in rule
5101:2-16-01 of the
Administrative Code.
(3) A provider
may be paid for an absent day for which a child is eligible. An absent day
shall not be paid prior to actual attendance at the authorized program. The
attendance shall be documented by a recorded in time and a recorded out time,
and shall have occurred on any day in the previous rolling twelve
months.
(4) The value of an absent
day is based on the child's authorized hours for care, as follows:
(a) For a full-time or a full-time plus
authorization, the value of an absent day is eight hours.
(b) For a part-time or an hourly
authorization, the value of an absent day is five hours.
(K) Are providers compensated for
staff professional development days?
(1)
Providers are eligible for two professional development days per state fiscal
year. A fiscal year is defined as July first through June thirtieth.
(2) Professional development days are defined
in rule
5101:2-16-01 of the
Administrative Code.
(3)
Professional development days cannot be used on two consecutive calendar days
or in two consecutive calendar months.
(4) Professional development days shall not
be used on any holiday listed in paragraph (F)(5) of this rule.
(5) The value of a professional development
day is based on a child's authorized hours for care, as follows:
(a) For a full-time or a full-time plus
authorization, the value of a professional development day is eight
hours.
(b) For a part-time or an
hourly authorization, the value of a professional development day is five
hours.
(L)
What is not included in the payment for publicly funded child care services?
The provider's publicly funded child care payment shall not
include:
(1) A child's copayment
amount pursuant to rule
5101:2-16-05 of the
Administrative Code.
(2) Payment
for services provided during the hours that a child is in care in another
federal or state funded program (including, but not limited to, head start,
early head start, or the early childhood education program).
(3) Payment for services provided during the
hours that a school-age child would typically be in attendance at a primary or
secondary school.
(a) Payment will include
time that a school-age child is participating in remote learning, including the
remote portion of a hybrid school model, while in child care.
(b) Payment will not include time that the
child is participating in instructional services which supplant or duplicate
the academic program of any school.
(c) Payment will not include care during the
school-day if the parent has the option to send the school-age child to
in-person learning, including a hybrid school model, and instead opted for only
remote learning.
(M) What are the requirements regarding fees
that a provider may charge to the caretaker?
(1) A provider shall make a caretaker aware
of fees not covered by publicly funded child care payments for which the
caretaker may be responsible.
(a) A provider
shall have a signed agreement with the caretaker for the payment of these
fees.
(b) Such fees may include:
(i) Late fees.
(ii) Activity fees.
(iii) Transportation fees.
(iv) Charges for absent days which exceed
those eligible for payment from ODJFS.
(v) Charges for hours of care that exceed
those authorized.
(2) A provider shall not ask a caretaker to
pay the difference between the provider's payment rate and the provider's
customary charge to the public when the customary charge is higher.
(3) A provider shall not ask a caretaker to
pay the difference between the registration fee paid for the child by ODJFS and
the provider's customary registration fee charge to the public when the
customary registration fee is higher.
(N) What are the payment rates for in-home
aides that provide publicly funded child care services?
An in-home aide is the only provider of publicly funded child
care services who may provide child care in the child's own home. Payment rates
for in-home aides are to be determined according to the following:
(1) An in-home aide shall be paid an hourly
rate that is equal to the state minimum wage for forty or fewer hours in a
week. An in-home aide pilot program may be operated in participating counties
detailed in a child care letter published by ODJFS.
(a) An in-home aide in a participating county
may be paid an enhanced hourly rate of thirteen dollars for forty or fewer
hours in a week when at least one child qualifies for special needs child care
as determined pursuant to this chapter or at least one child needs care during
non-traditional hours is served.
(b) A rate of one and one-half times the rate
in paragraph (N)(1)(a) of this rule will be paid for hours in excess of forty
in a week.
(c) This pilot will
exist for the time period specified in a child care letter published by ODJFS
or until funding is no longer available, whichever is sooner.
(2) A rate of one and one-half
times the state minimum wage shall be paid for hours in excess of forty in a
week.
(3) The total payment shall
include child care services provided to all of the authorized child(ren) in the
caretaker's home.
(4) An in-home
aide shall not claim absent days or professional development days for children
receiving publicly funded child care services.
(5) An in-home aide is not eligible for any
payment enhancements or additional percentages to the payment rate.
(O) Are providers compensated for
pandemic days?
(1) A pandemic day means a day
in which the provider would normally provide child care for currently enrolled
children, but were advised to close by the Ohio department of health (ODH) or
the local health department or closed in compliance with guidance from ODH and
the United States centers for disease control and prevention (CDC) as a result
of the COVID-19 pandemic.
(2)
Providers are eligible for thirty-five pandemic days per fiscal year. In-home
aides are not to claim pandemic days.
(3) The provider will provide ODJFS written
documentation of the advisory to close. Failure to provide the documentation
may result in the pandemic days not being paid.
(4) The value of a pandemic day is based on a
child's authorized hours for care, as follows:
(a) For a full-time or a full-time plus
authorization, the value of a pandemic day is eight hours.
(b) For a part-time or an hourly
authorization, the value of a pandemic day is five hours.
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