(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
department Ohio
department of job and family services (ODJFS) to providers in the
state of Ohio.
(2) Payment rates
shall
are to
apply to all providers of publicly funded child care.
(B) What is the payment rate for a provider
of publicly funded child care
not participating in step up to quality
(SUTQ)?
(1) The payment rate for a
provider
not participating in SUTQ shall
is to be the lower of these two:
(a) The base
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
is to 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
step up to quality ( 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)(1) Once the rate is
determined in paragraph
(C)(1)
(B)(1) of this rule, an additional per cent
shall
is to
be added, as follows:
(a)
One-star rated programs
Bronze rated programs
shall
are to be paid
an additional five
ten per cent.
(b)
Two-star rated
programs
Silver rated programs
shall
are to
be paid an additional eighteen
fifteen per cent.
(c)
Three-star
rated programs
Gold rated programs
shall
are to
be paid an additional twenty-
one
five 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
https://childcaresearch.ohio.gov
shall
are to
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
is to apply for all children receiving
publicly
funded child care services.
(2)
Providers who are accredited and also participating in SUTQ
shall
are to
be paid either the per cent additional payment in paragraph
(C)(2)
(C)(1)
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
are to
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
are to 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
are to 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
is to 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
is to
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
are to 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
is to 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
are to 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
is to
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
is not
to 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
is to 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
is to
have had a valid provider agreement as of August thirtieth of the previous
year.
(2) The child
must
is to
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
is not
to be paid prior to actual attendance at the
authorized program. The attendance shall
is to be documented by a recorded in time and a
recorded out time, and shall
is to 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
are not
to 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
is not
to 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
is to 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
is
to 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
is not
to 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
is not
to ask a caretaker to pay the difference between
the registration fee paid for the child by ODJFS
the department
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
is to
be paid
the lower of these two: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)
The base rate shown in appendix A to this rule in the
provider's county of location.
(b)
The provider's
customary rate to the public.
(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)(2) 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.
Click to
view Appendix
Click to
view Appendix
Notes
Ohio Admin. Code
5101:2-16-10
Effective:
7/7/2024
Five Year Review (FYR) Dates:
10/20/2024
Promulgated
Under: 119.03
Statutory
Authority: 5104.30,
5104.38,
5104.39
Rule
Amplifies: 5104.30,
5104.35,
5104.38,
5104.39
Prior
Effective Dates: 07/01/1989 (Emer.), 09/28/1989, 04/01/1990 (Emer.), 07/01/1990
(Emer.), 09/30/1990, 05/01/1991 (Emer.), 07/01/1991, 11/01/1991 (Emer.),
01/20/1992, 07/06/1992 (Emer.), 10/01/1992, 01/01/1994, 10/01/1997 (Emer.),
12/30/1997, 05/08/1998 (Emer.), 08/01/1998, 06/10/2000, 01/01/2001, 02/22/2002,
06/09/2003, 07/01/2005 (Emer.), 09/26/2005, 01/13/2006 (Emer.), 04/13/2006,
01/01/2007, 03/30/2007 (Emer.), 06/28/2007, 07/01/2008, 07/23/2009 (Emer.),
08/12/2009 (Emer.), 11/08/2009, 03/28/2010, 05/01/2011, 07/29/2011 (Emer.),
10/27/2011, 10/01/2013, 07/10/2015, 06/26/2016, 12/31/2016, 12/16/2018,
10/20/2019, 03/13/2020 (Emer.), 05/29/2020 (Emer.), 08/25/2020 (Emer.),
12/11/2020 (Emer.), 04/01/2021, 02/27/2022, 12/11/2022, 07/02/2023,
02/04/2024
