Current through all regulations passed and filed through September 16, 2024
(A) A Title IV-E
agency, PCPA, PNA, QRTP, residential care
facility, or SUD residential facility, as defined in rule
5101:2-1-01 of the
Administrative Code, shall comply with the Ohio department of job and family
services (ODJFS) fiscal accountability procedures set forth in Chapter
5101:2-47 of the Administrative Code.
(1) For
an initial failure to comply, a corrective action plan shall be developed to
correct the areas determined to be in noncompliance. The corrective action plan
shall:
(a) Identify the areas of
noncompliance.
(b) Identify the
action steps required to correct the noncompliance.
(c) Identify a completion date for each of
the action steps.
(d) Be completed
within a time period negotiated with ODJFS.
(e) Be submitted to ODJFS within thirty days
of the receipt of a written finding of noncompliance.
(2) If a Title IV-E agency fails to implement
the corrective action plan submitted in accordance with paragraph (A)(1) of
this rule, ODJFS may take any action permitted in accordance with sections
5101.11,
5101.146 and
5101.24 of the Revised
Code.
(3) If ODJFS determines the
Title IV-E agency is solely or partially responsible for an adverse audit or
quality control finding, final disallowance of federal financial participation
or other sanction or penalty in accordance with sections
5101.24,
5101.146 and
5101.11 of the Revised Code,
ODJFS may take one or more of the following actions against the Title IV-E
agency:
(a) Require the Title IV-E agency to
submit to and comply with a corrective action plan pursuant to a time schedule
specified by ODJFS.
(b) Require the
Title IV-E agency to share with ODJFS a final disallowance of federal financial
participation or other sanction or penalty.
(c) Require the Title IV-E agency to
reimburse ODJFS for the amount ODJFS pays to the federal government for an
adverse audit or quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by the federal
government.
(d) Require the Title
IV-E agency to pay the federal government the amount representing the amount
the Title IV-E agency is responsible for in an adverse audit or quality control
finding, final disallowance of federal financial participation, or other
sanction or penalty issued by the federal government.
(e) Any other sanction or action permissible
under sections 5101.24,
5101.11 and
5101.146 of the Revised
Code.
(f) With respect to paragraph
(A)(3)(d) of this rule, the determination of whether the Title IV-E agency is
solely or partially responsible will be determined in accordance with Chapters
5101:6-1 to 5101:6-9 of the Administrative Code.
(4) If a Title IV-E agency fails to comply
with the fiscal accountability procedures set forth in Chapter 5101:2-47 of the
Administrative Code, ODJFS shall provide a written summary of noncompliance to
the board of county commissioners of the county served by the Title IV-E
agency.
(5) If a PCPA, PNA,
QRTP, residential care facility, or SUD
residential facility fails to implement a corrective action plan submitted in
accordance with paragraph (A)(1) of this rule, ODJFS may do one of the
following:
(a) Cancel the Title IV-E
reimbursement ceilings.
(b)
Pursuant to Chapter 119. of the Revised Code, take action to revoke the
agency's certificate issued under section
5103.03 of the Revised
Code.
(6) In accordance
with sections 5101.11,
5101.146 and
5101.24 of the Revised Code,
ODJFS may take one or more of the following actions against the PCPA, PNA,
QRTP, residential care facility, or SUD
residential facility if ODJFS determines the PCPA, PNA,QRTP, residential care facility, or SUD residential
facility is solely or partially responsible for an adverse audit or quality
control finding, final disallowance of federal financial participation or other
sanction or penalty:
(a) Require the PCPA,
PNA, QRTP, residential care facility, or SUD
residential facility to reimburse ODJFS for the amount ODJFS pays to the
federal government for an adverse audit or quality control finding, final
disallowance of federal financial participation, or other sanction or penalty
issued by the federal government.
(b) Any other sanction or action permissible
under sections 5101.24,
5101.11 and
5101.146 of the Revised
Code.
(7) If a PCPA,
PNA, QRTP, residential care facility, or SUD
residential facility fails to comply with the fiscal accountability procedures
set forth in Chapter 5101:2-47 of the Administrative Code, ODJFS shall provide
a written summary of the findings of noncompliance to the PCPA, PNA,QRTP, residential care facility, or SUD residential
facility board of directors. In addition, ODJFS shall notify the executive
director of each Title IV-E agency that has entered into a contract for
placement services with the PCPA, PNA, QRTP,
residential care facility, or SUD residential facility.
(8) For Title IV-E agencies, PCPAs, PNAs,
QRTP, residential care facilities, and SUD
residential facilities completing the single cost report for the establishment
of Title IV-E reimbursement ceilings the following shall apply:
(a) Failure to submit the single cost report
and agreed upon procedures with all required documentation by the deadline
prescribed in rule
5101:2-47-26.2 of the
Administrative Code may result in reimbursement ceilings being established as
of the first day of the month following the date all required documentation is
received by ODJFS.
(b) Any errors
identified on a single cost report or agreed upon procedures submitted prior to
the deadline and in accordance with rule
5101:2-47-26.2 of the
Administrative Code may result in the suspension of reimbursement ceilings
until such time as the errors have been corrected to the satisfaction of ODJFS.
Once the corrections have been approved the reimbursement ceilings shall be
retroactive and effective as of the applicable rate period begin
date.
(c) If ODJFS cancels the
Title IV-E reimbursement ceilings, ODJFS will resume the ceilings effective on
the first day of the month following the date the agency comes into compliance.
There will be no retroactive rate adjustment for the time period the agency was
out of compliance.
(d)
Reimbursement ceilings established from a single cost report submitted after a
rate cancellation may be suspended until such time as the corrective action for
the prior period has been completed to the satisfaction of ODJFS.
(B) Subsequent failures
to comply relating to noncompliance issues previously identified pursuant to
paragraph (A)(1) of this rule are subject to the same penalty provisions
specified in paragraph (A)(2) of this rule for Title IV-E agencies and
paragraph (A)(5) of this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD residential
facilities.
(C) All corrective
actions shall adhere to the requirements set forth in paragraph (A)(1) of this
rule. All failures to implement the corrective action plan are subject to the
penalties set forth in paragraph (A)(2) of this rule for Title IV-E agencies
and paragraph (A)(5) of this rule for PCPAs, PNAs, QRTP, residential care facilities, and SUD residential
facilities.
(D) The Title IV-E
agency, PCPA, PNA, QRTP, residential care
facility, or SUD residential facility, at its discretion, may request technical
assistance from ODJFS in the development and implementation of the corrective
action plan.
(E) If ODJFS sanctions
a Title IV-E agency, PCPA, PNA, QRTP, residential
care facility or SUD residential facility, ODJFS shall take every possible
precaution to ensure any foster children that have been placed or served by an
agency under sanction are not removed from the certified foster homes they
reside in if their safety and well-being are not at risk.
Replaces: 5101:2-47-26
