Current through all regulations passed and filed through September 16, 2024
(A)
What is a
provider improper child care payment?
A provider improper child care payment
means that a payment was made to a provider for which the provider was not
eligible to receive. Improper payments are the result of one of the
following:
(1)
An error on the part of the provider.
(2)
An error on the
part of the county agency or the Ohio department of job and family services
(ODJFS).
(B)
What is considered provider misuse of publicly funded
child care benefits or the automated child care system?
Provider misuse includes, but is not
limited to:
(1)
Utilizing the personal identification information of a
caretaker or designee/sponsor to log a child's attendance in the automated
child care system.
(2)
Falsifying attendance records.
(3)
Knowingly seeking
and/or accepting payment for child care services that were not
provided.
(4)
Knowingly seeking and/or accepting payment for child
care services which the provider was not eligible to receive, including
providing care at an unlicensed location.
(5)
Knowingly seeking
and/or accepting payment for child care services provided to a child that
resides in the provider's own home.
(C)
What are the
procedures if a provider improper child care payment is a result of a county
error?
If the improper payment is the result
of a county data error, the county agency shall:
(1)
Correct the error
in the child care information data system.
(2)
Calculate the
total overpayment amount that resulted from the county error.
(3)
Send a provider
with a current provider agreement a notice of the determined overpayment using
the JFS 01172 "County Agency Notice of Child Care Improper Payment and
Repayment Requirements for Child Care Providers" (rev. 12/2018).
(4)
Notify
ODJFS of the provider improper child care payment so that ODJFS may adjust all
impacted payments in the child care automated system.
(5)
Refer all
provider improper child care payments for providers without a current provider
agreement to ODJFS.
(D)
What are the
repayment procedures for all improper payments, including misuse of the
automated child care system?
(1)
ODJFS may recoup one hundred per cent of the over
payment via payment adjustments if the provider has a current provider
agreement and is currently receiving payments for publicly funded child care
services.
(2)
An invoice will be issued to the provider if either of
the following are true:
(a)
The provider does not have a current provider agreement
or is not currently receiving payments for publicly funded child care
services.
(b)
Overpayments are unable to be recouped through the
payment adjustment process, for those providers currently receiving payments
for publicly funded child care services.
(3)
After thirty
calendar days, any remaining balance will be certified to the office of the
attorney general for collection.
(E)
Can a child care
provider request a review of an identified overpayment?
(1)
A child care
provider may request in writing to ODJFS that a reconsideration review be
conducted for any identified overpayment that is subject to
recoupment.
(2)
The written request must be received by ODJFS no later
than fifteen calendar days after the date the provider receives the overpayment
notice.
(F)
What is provider fraud?
(1)
Provider fraud is
the willful withholding or falsification of information by the provider with an
intent to deceive or defraud, resulting in the acceptance of or the receipt of
payment for which the provider was not entitled, as determined by a court of
law or the provider's admission.
(2)
The county agency
shall recommend to ODJFS the termination of the provider agreement if a
provider has admitted or pleaded guilty to committing fraud or has been
convicted of fraud, as determined by a court of law.
Replaces: 5101:2-16-71
